Anticipatory bail in cheque dishonour cheating allegations refused where delay, non-response and custodial interrogation concerns persisted.

Allegations of cheating and criminal breach of trust arising from dishonoured cheques were treated as disclosing a cognizable offence, and the delay in lodging the FIR did not negate that disclosure on the facts. The absence of a notice under Section 138 of the Negotiable Instruments Act, 1881 on record did not displace the prosecution case, and the allegation of dishonest intention could not be ruled out. The petitioner's failure to respond to notices under Section 41A of the Code of Criminal Procedure, 1973 was relied on as supporting the need for custodial interrogation. Anticipatory bail was refused.

---

---

Issues: Whether anticipatory bail should be granted to the petitioner in view of the allegations of cheating and criminal breach of trust arising from dishonoured cheques and the delay in lodging the FIR.

Analysis: The complaint disclosed allegations that the petitioner received money and thereafter failed to make payment, with the record showing dishonoured cheques and no notice under Section 138 of the Negotiable Instruments Act, 1881 placed on record. The delay in lodging the complaint did not, on the facts, negate the disclosure of a cognizable offence. The circumstances also indicated that the allegation of dishonest intention could not be ruled out, and the petitioner's non-response to notices under Section 41A of the Code of Criminal Procedure, 1973 supported the prosecution's claim that custodial interrogation might be required.

Conclusion: Anticipatory bail was refused.

---