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2020 (10) TMI 531 - HC - Indian LawsGrant of Bail - Dishonor of Cheque - applicant in his application has submitted that the applicant although is the director of the company Auby Satellite Pvt. Ltd, he did not indulge in any financial dealings and all financial matters were looked after by the co-accused Neeraj Shukla only - HELD THAT:- It has been admitted by the counsel for the applicant that the cheques were indeed given to the complainant. However, it has been submitted that application is pending under Section 138 of N.I. Act and that applicant has appropriate explanation which shall be divulged while defending his case under Section 138 of N.I. Act. It has been stated that the aforesaid cheques were given only for security purposes of the transaction. Despite these arguments the fact remains that applicant admits to have given the cheque to the complainant which could not be encashed. During the submissions it came to light that the applicant is barely an undergraduate whereas in Annexure A/3, which is a permission letter to visit Lakshdweep by ADM Union Territory of Lakshdweep, the applicant is shown to be an engineer with the organization BSNL whereas neither the applicant is an engineer nor he works in BSNL organization. This Court does not feel inspired to allow the bail application of the applicant. Although it appears that there is a transaction of ₹ 7.00 lacs depicted in statements of account, but the fact remains that the applicant company had given two cheques to the complainant total amount of which was ₹ 24,84,000/-. The delay in lodging the FIR has been appropriately explained by the prosecution. The applicant is although in custody since 28.6.2020, however, that in itself is not sufficient ground for the applicant to be released on bail. No case is made out for grant of regular bail under Section 439 of Cr.P.C to the applicant - Bail application rejected.
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