Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Case of cheating and forgery—FIR registered under Sections 420/468/471 of IPC—Allegation of non-payment of amount in lieu of supply of goods—Complainant further alleged that petitioner sent a photo of an e-way bill on the Whatsapp of complainant apprising him that he is sending return goods to the complainant, but the complainant did not receive the goods at all—Petitioner had given the truck detail by which goods were being returned to the complainant but during investigation it was found that such vehicle does not exist—Petitioner submitted that criminal colour has been given to a purely civil dispute and even in the FIR the complainant had admitted that there was a business transaction between the petitioner and complainant and complainant has supplied goods to the petitioner by way of different bills—Transaction pertains to the year 2019 and the present FIR was registered in the year 2022—Custodial interrogation of petitioner is not required—Petitioner has already joined the investigation on numerous occasions and all the sections invoked against petitioner entail punishment upto seven years—Application allowed.
[Paras 6, 9 & 10]