Anticipatory bail in cheque dishonour dispute granted, with the Court noting settlement-linked withdrawal involving a co-accused.

Anticipatory bail under Section 438 CrPC was granted in a dispute arising from alleged misuse of cheques and a dishonoured cheque connected to business dealings, with notice and proceedings under Section 138 of the Negotiable Instruments Act having been initiated. The Court noted the applicant's claim of supplying material to the complainant's concern and also took note of the withdrawal of similar proceedings against a co-accused after settlement, while expressly refraining from commenting on the merits. The applicant was held entitled to anticipatory bail and was directed to be released on arrest upon executing the prescribed bond with surety and complying with conditions.

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Issues: Whether the applicant was entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with the alleged offences.

Analysis: The application was considered in the context of the allegations that the cheques were misused, the applicant's assertion of having supplied material to the complainant's concern, the dishonour of a cheque issued in connection with that business dealing, and the subsequent notice and proceedings under Section 138 of the Negotiable Instruments Act. The Court also took note of the withdrawal of similar proceedings by a co-accused after settlement, while expressly refraining from commenting on the merits of the case.

Conclusion: The applicant was found entitled to anticipatory bail and was directed to be released on arrest on executing the prescribed bond with surety and complying with the stated conditions.

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