The seriousness of the offence and the accused's cooperation with the investigating authorities are crucial factors in determining the grant of anticipatory bail.

Manmohan, J.

1. Present petition has been filed seeking anticipatory bail in FIR No. 25/2012 registered with PS Begumpur, Delhi under Sections 420/467/468/471/120B IPC.

2. In the complaint, the complainant has stated that on 09th July, 2010, present petitioner and his wife had entered into two loan agreements wherein they had agreed to pay Rs. 81,90,000/- on or before 04th September, 2010 and Rs. 97,60,000/- on or before 07th October, 2010.

3. It is further stated in the complaint that as the petitioner could not repay under the aforesaid loan agreements, petitioner offered to sell his house bearing No. 132, Pocket-12, Sector-20, Rohini, Delhi- 110085 for a total sale consideration of Rs. 26,55,000/-. In addition, the petitioner is alleged to have handed over a cheque of Rs. 12,00,000/- to the complainant.

4. On presentation, the said cheque of Rs. 12,00,000/- was dishonoured and hence a case under Section 138 of the Negotiable Instruments Act, 1881 was filed.

5. Subsequently, as the complainant came to know that petitioner and his wife had sold the aforesaid property to someone else, they therefore, registered the present FIR.

6. The police in its status report stated that petitioner has sold the aforesaid property to three different persons and later on the petitioner and his wife returned the money to two of them, but thereafter, the petitioner is alleged to have mortgaged the said property to ICICI bank. It is further stated in the status report that petitioner had neither joined the investigation nor was he cooperating with the police.

7. In the status report, it was further stated that petitioner had played an active role in forging the documents and therefore, his custodial interrogation was required.

8. On 04th July, 2012, the Police filed a supplementary status report. The relevant portion of the status report reads as under:-

“……The petitioner during the course of questioning revealed that he has mortgaged the Ground and First Floor of House bearing no. 132, Pocket-12, Sector-20, Rohini, Delhi with ICICI Bank, Sector-8, Rohini, Delhi and all the documents required by the investigating agency are lying in the custody of aforesaid bank. Pursuant to the interrogation of the petitioner, the Investigating Officer gave a notice dated 12.06.2012 to the concerned bank and reply to the same was received on 19.06.2012 wherein it was revealed by the aforesaid ICICI Bank that neither the petitioner nor his wife (co-accused Bimla Negi) have any other relationship with the bank except that they have availed a home loan from the said bank vide Loan Account no. LBNODOOOO1324566 on 26.06.2006 and the same Loan Account No. stood closed. Apart from misleading the investigation agency on this count, the petitioner did not cooperate with the investigating agency and gave only vague answers to the queries raised during his interrogation” (emphasis supplied)

9. After hearing the parties at length, on 04th July, 2012 this Court in a bid to give one more opportunity to the petitioner to cooperate with the investigating authorities, passed the following order:-

“ Police has filed a supplementary status report. The same is taken on record. Mr. Nitin Sehgal, learned counsel for petitioner assures this Court that petitioner would not only physically appear before the Investigating Officer on each day beginning from 05th July, 2012 at 3:00 p.m., but would also provide the title deeds and previous chain of title documents as well as all other relevant information asked for by the Investigating Officer. List the matter for further consideration on 17th August, 2012. In the meantime, petitioner shall not be arrested in FIR No.25/2012.”

10. Today, learned counsel for petitioner states that petitioner has fully complied with the aforesaid order inasmuch he has appeared before the Investigating Officer on each day at 3:00 p.m. except four or five occasions and that too after intimation to the Investigating Officer.

11. Learned counsel for petitioner fur