Crl. Misc. No.M-15649 of 2011 (O&M) ****** Gautam Kapasia Vs. State of Haryana Present : Mr. Vikas Kumar, Advocate for the petitioner. Mr. Man Mohan Sikka, D.A.G., Haryana. ******* AJAY TEWARI, J. (ORAL) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case F.I.R. No.2 dated 04.01.2011 registered under Sections 419, 420, 429, 467, 468, 471, 381 and 120-B IPC at Police Station Tigaon, District Faridabad. On 07.06.2011 the following order was passed:- “Affidavits of petitioner as well as investigating officer are taken on record. Counsel for the petitioner contends that two cheques amounting to Rs.8,00,000/- each were issued in favour of Ajit Singh, who is co-accused alongwith the petitioner. The cheques were presented and the bank returned the same as dishonoured due to insufficiency of funds. Thereafter notice under Section 138 of the Negotiable Instruments Act was issued by Sh. Ajit Singh against the plaintiff as counter-blast thereto. The present FIR has been lodged against the petitioner and the co-accused. It is contended that the cheques are part of judicial proceedings wherein an application under Section 138 of the Negotiable Instruments Act was initiated by Ajit Crl. Misc. No.M-15649 of 2011 (O&M) -2- Singh against the plaintiff and is available on the judicial file. No recovery has to be effected from the petitioner. It is contended that the petitioner is ready and willing to join the investigation and cooperate with the same. Counsel for the State could not rebut the arguments as has been raised by the counsel for the petitioner. In view of the above, petitioner is directed to appear before Sub-Inspector Suraj Bhan, Police Station Tigaon, Distt. Faridabad on 13.06.2011 at 10 A.M. at the police station. The petitioner shall not be arrested and if he is required to be arrested, he shall be released on bail to the satisfaction of the Arresting Officer. To come up for fuirther consideration on 29.08.2011. ” Learned Deputy Advocate General on instructions from S.I. Suraj Bhan states that the petitioner has joined the investigation and he is not required for custodial interrogation. In the circumstances, the interim order dated 07.06.2011 is confirmed subject to the conditions envisaged under Section 438(2) Cr.P.C. Accordingly, the petition stands disposed of. ( AJAY TEWARI ) August 29, 2011 JUDGE ashish