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2020 (11) TMI 505 - HC - Indian LawsDishonor of Cheque - Grant of Anticipatory Bail - Act of Cheating - applicant states that he has got nothing to do with the alleged transaction with the 2nd accused and the defacto complainant and that it was entirely the responsibility of the 2nd accused who have agreed to arrange the job Visa as stated by the defacto complainant - HELD THAT:- The promise to arrange Visa was made entirely by the 2nd accused. He was not able to fulfill the promise, and therefore, agreed to return the amount. He entered into an agreement, which is produced before this Court, which indicates that he has unconditionally agreed to return the amount to the defacto complainant. He has also issued cheques for the amount and the cheques were not honoured and in consequence of that a complaint under Section 138 of the Negotiable Instruments Act has also been filed by the defacto complainant. Nowhere in the complaint filed by the defacto complainant under Section 138 or in the agreement executed by the 2nd accused, the involvement of the applicant is mentioned. It is only in the F.I.Statement that the name of the applicant is mentioned by the defacto complainant regarding his introducing the defacto complainant to the 2nd accused. In case the applicant was also involved in the sharing of the money and cheated, the agreement executed by the 2nd accused would definitely have made mention of the applicant. The fact that the name of the applicant has not been mentioned in the agreement indicates that there is no material to prove his complicity at present. There is no reason to believe that he will not cooperate with the investigation or abscond or flee from justice. The bail application is allowed and the applicant is directed to surrender before the investigating officer within two weeks.
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