TaxTMI 
TaxTMI 
2021 (9) TMI 938
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....of prosecution, one Suryakant Tiwari, Director of M/s Ganga Construction has lodged a written report on 20.09.2017 making allegations that the complainant is engaged in the business of construction, he has engaged one Jatashankar Singh @ Pappu Singh as petty contractor for completion of work taken by him. Complainant has handed over five cheques bearing number 034226, 034227, 034228, 034229 and 034230 of Punjab National Bank. Jatashankar then left the work incomplete and fled away, when complainant asked Jatashankar Singh about the cheques given by him, it is stated by Jatashankar Singh that cheques have been lost. Complainant has closed his bank account of Punjab National Bank on 07.12.2016. When complainant received notice of the complain....
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....ort with ill motive only to pressurize applicant. He further submits that the applicant has not committed any offence as alleged against him, hence, he may be enlarged on anticipatory bail. However, upon putting specific query to learned senior counsel with regard to status of proceedings in the crime number 278/2017, he submits that after getting the knowledge of registration of case against him, applicant immediately filed application for grant of anticipatory bail before the court below which came to be dismissed by impugned order. Learned counsel further submits that similar allegation is made in the FIR. One Nandkishor, proprietor of Pooja Traders material supplier who also filed proceedings under Section 138 of Negotiable Instrument ....
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....ing the cheques on 18.1.2017 legal notice was issued thereafter the complaint case under Section 138 of Negotiable Instrument Act was filed before the court of competent jurisdiction. The fact that co-accused Nandkishor on 12.08.2021 withdrawn proceedings filed under Negotiable Instrument Act by him against complainant mentioning that settlement has been arrived between the parties, without commenting anything on merits of the case, I am inclined to allow the bail application. 7. Accordingly, application is allowed and it is directed that in the event of arrest of applicant in connection with the crime in question (278/2017), he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum ....