ORDER

This second application under Section 438 of Cr.P.C. has been filed on behalf of the applicant for grant of anticipatory bail. First application of applicant was dismissed as withdrawn by order dated 20.12.2023 passed in M.Cr.C. No.50486/2023. Applicant apprehending his arrest in connection with Crime No. 380/2023 registered at Police Station - Kotwali Balaghat, District Balaghat (MP) for commission of the offences punishable under Sections 420 and 120(B)/34 of IPC has knocked the portal of this Court for grant of anticipatory bail.

As per the prosecution story, complainant made a complaint before the Police Station Kotwalil Balaghat alleging that applicant alongwith other co- accused persons has availed service of transporters for the transportation of rice of Food and Civil Supplies Corporation and after transportation of said rice, applicant and other co-accused persons did not make the payment of fine amount of Rs.18,34,740/-. It is further alleged that applicant and other co- accused persons gave a cheque for payment of rent which would not be honored because the signature on the check was not uploaded in C.B.S. system and therefore, it is alleged that applicant alongwith other co-accused persons have intentionally cheated the complainant. On the basis of aforesaid allegation, F.I.R. was registered against the applicant under the aforesaid Sections. Learned counsel for the applicant has submitted that applicant is innocent and he has been falsely implicated in the case. It is further submitted that no offence of cheating and criminal conspiracy is made out against the applicant.

He never issued any cheque for payment. He has been arrayed as an accused by the complainant just on the basis of presumption. Present case is of civil nature. Enquiry of the case has been completed and nothing is seized from the applicant. In the aforesaid pretext, it has been prayed that applicant be released on anticipatory bail.

On the other hand, learned counsel for the State has opposed the prayer for grant of anticipatory bail to the applicant. He has submitted that applicant alongwith other co-accused persons has availed service of transporting rice from the M.P. State Civil Supply Corporation Ltd. and after transportation of said rice, applicant and other co-accused persons did not make the payment but they have received payment from M.P. State Civil Supply Corporation Ltd. Applicant made payment of Rs.26,000,00/- through cheque, but the account of applicant had insufficient balance. Bank informed that signature of applicant on the cheque was not uploaded in the C.B.S. system, therefore, the said payment could not be made. It is further submitted that applicant committed fraud. It is further submitted that applicant has six criminal antecedents, out of which three cases are of same nature pending in the Court which reflects that applicant is habitual to commit such types of crime. It is further submitted that applicant has given many cheques which were bounced, therefore, arrest warrant was also issued against the applicant. It is also submitted that as per Police, many cases of cheque bounce have been registered against the applicant in which arrest warrant has been issued against him.

I have gone through the F.I.R. and other materials available on record, having taken into consideration all the facts and circumstances of the case and looking to gravity of offence and criminal antecedents of applicant, this Court is not inclined to release the applicant on anticipatory bail.

Consequently, this second anticipatory bail application under Section 438 of Cr.P.C. is dismissed. (PRAMOD KUMAR AGRAWAL) JUDGE Sateesh