2019 Supreme(Raj) 50
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Kanwaljit Singh Ahluwalia, J.
Sona Goyal D/o Manjeet Kumar Bhatia – Appellant
Versus
Vipul Nagpal – Respondent
Criminal Miscellaneous (Petition) No. 7718 of 2018
Decided On : 10-01-2019
S.S. Hora, Mahendra Goyal.
Headnote:
Criminal procedure code 1973 - Section 482 - Quash - Negotiable Instruments Act - Section 138 – Arguments – Legal - Solar Electric Limited hereinafter called as Company had issued two cheques in favour of respondent petitioner is stated to Director of Company - cheques issued by petitioner company on presentation bounced amount two cheques issued by Company comes complainant respondent on return of cheques instituted Criminal Complaint prosecution of petitioner and another co-accused petitioner for offence Negotiable Instruments –Held, Unable cite contrary judgment counsel for respondent has prayed that petitioner be directed undertake before trial court that she will not leave India without permission of court - It is further prayed by counsel for the respondent that liberty be granted respondent to approach appropriate authority for impounding Passport of petitioner above submission made by counsel for respondent counsel for petitioner has quarrel - Considering that petitioner ready and willing furnish two FDRs amounting Rupees Ten before trial court present - Petition disposed
Kanwaljit Singh Ahluwalia, J.
1. The present petition has been filed under Section 482 Cr.P.C. praying that the condition imposed by the trial court to accept bail bond qua bailable offence since defeat the very object, be modified and the petitioner be released upon furnishing personal bail bond.
2. Briefly stated, M/s. Shakthi Sona Solar Electric Limited (hereinafter called as the Company) had issued two cheques in favour of the respondent Vipul Nagpal. The petitioner Sona Goyal is stated to be the Director of the Company. The cheques issued by the petitioner company, on presentation bounced. The amount of two cheques issued by the Company comes to Rupees Twenty Two Crores and Eighty Lakhs. The complainant/ respondent on return of the cheques instituted Criminal Complaint No. 1525/2017 for prosecution of the petitioner and another co-accused of the petitioner for offence under Section 138 of Negotiable Instruments Act.
3. Upon appearance of the petitioner, the trial court on 13.11.2018 ordered that the petitioner should furnish personal bail bond of Rupees Four Crores alongwith duly verified surety of the similar amount. The relevant portion of the order dated 13.11.2018 passed by the trial court reads as under:-
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4. The petitioner failed to produce surety, who could furnish surety bond amounting to Rupees Four Crores, hence, on 13.11.2018 she was taken into custody. Since the petitioner could not meet stringent condition imposed by the trial court, while in custody she filed the present petition through counsel.
5. This Court on 5.12.2018 had passed the following order:-
"Counsel for the petitioner submitted that for offence under Section 138 of the N.I. Act which is a bailable offence, onerous condition was imposed by the trial Court directing that petitioner should furnish a personal bail bond of Rs. 4 crores and also bond of the same amount by a surety. Counsel for the petitioner contends that petitioner is unable to furnish surety solvent to the above extent. It is submitted that condition imposed by the trial Court is onerous and for a bailable offence petitioner is in custody since 30.11.2018. Mr. C.P. Sharma has caused appearance on behalf of Mr. Mahendra Goyal for complainant-respondent. He prays for an adjournment to file 'Vakalatnama' of the respondent in the Registry.
Let 'Vakalatnama' be filed by the respondent in the Registry within one week from today.
List for arguments on 04.01.2019.
Meanwhile, petitioner shall be released on interim bail upon furnishing personal bail bond to the tune of Rs. 10 lacs with bonds by two solvent sureties of the same amount. The sureties to be produced by the petitioner shall be registered sureties and the bonds to be furnished by them shall be verified by a Revenue Officer not below the rank of Tehsildar "
6. Mr. S.S. Hora, the learned counsel for the petitioner has submitted