TMI Blog2020 (11) TMI 505X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. In consequence of that, the defacto complainant has also proceeded against the 2nd accused for the offence punishable under Section 138 of the Negotiable Instruments Act. 4. The 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. He had only introduced the defacto complainant to the 2nd accused and hence he did not have anything to do with the alleged inducement or cheating. Hence, he seeks anticipatory bail. 5. Heard the learned Counsel for the applicant and the learned Public Prosecutor. 6. The learned Public Prosecu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. The learned Public Prosecutor submits that there are WhatsApp messages indicating the complicity of the applicant for which further investigation is required. On the basis of that alone, the anticipatory bail sought by the applicant cannot be granted. However, he will have to cooperate with the investigation and subject himself for interrogation by the investigation officer. There is no reason to believe that he will not coop ..... X X X X Extracts X X X X X X X X Extracts X X X X
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