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2022 (2) TMI 355 - CALCUTTA HIGH COURTSeeking grant of bail - Dishonor of Cheque - de-facto complainant did not lodge any complaint contemporaneously - ingredients under Sections 420 and 406 of the Indian Penal Code (IPC) satisfied or not - HELD THAT:- The materials in the case diary discloses that, the petitioner received a sum of ₹ 10,00,000/- in aggregate from the de-facto complainant through NEFT payment, cheque payment and cash payment. It is the case of the petitioner that the petitioner issued two cheques dated May 11, 2016 and May 15, 2016 aggregating to a sum of ₹ 10,00,000/- and that those two cheques were dishonoured them. It is the case of the petitioner that in view of the provisions of the Act of 1881, the prayer for anticipatory bail should be granted. The two cheques are admittedly of 2016 with no notice under Section 138 of the Act of 1881 being placed on record. In LALITA KUMARI VERSUS GOVT. OF UP. & ORS. [2013 (11) TMI 1520 - SUPREME COURT], the Supreme Court is of the view that where information received does not disclose cognizable offence a preliminary inquiry may be conducted. In the facts of the present case, the police complaint lodged by the de-facto complainant against the petitioner, in substance, cannot be said not to disclose commission of a cognizable offence. Section 406 of the IPC is a continuing offence. It cannot be said with any certitude that there is no dishonest intention of the petitioner to deceive the de facto complainant. Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that the petitioner did not respond to the notices issued under Section 41A Cr.P.C., the requirement of the prosecution for custodial interrogation of the petitioner cannot be ruled out - anticipatory bail cannot be granted to the petitioner - application rejected.
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