Gautam Kumar v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2564 of 2019 Arising Out of PS. Case No.-782 Year-2016 Thana- COMPLAINT CASE District- Jamui ====================================================== Gautam Kumar, Son of Late Budhinath Singh, Proprietor Sanjay Shiksha Mandir, Jamui Near Registrar Office, Jamui, PS Jamui, District Jamui. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Mithilesh Kumar Singh, Son of Late Mauleshri Singh resident of village Malaypur (Tola Nagdewa), P.S.- Malaypur, District Jamui. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Sinha For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2019 Heard both sides.
Petitioner apprehends his arrest in Complaint Case No.782C of 2016 for the offences allegedly committed by the petitioner under Section 138 of the N.I. Act and under Section 420 of the Indian Penal Code.
Learned counsel for the petitioner submits that the complainant made allegation that the petitioner borrowed Rs.8,35,000/- and in lieu thereof issued cheques of Rs.3,10,000/- and Rs.2,15,000/- but both the cheques were dishonoured.
Learned counsel for the petitioner submits that in fact the petitioner returned the entire amount but later on the complainant who had taken cheques as security presented the
Patna High Court Cr.Misc. No.2564 of 2019(2) dt.21-01-2019 2/2 cheques without informing the complainant. The petitioner and complainant are contractor. They are on lending and borrowing terms.
Considering the facts aforesaid and nature of allegation made against the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Jamui in connection with Complaint Case No.782C of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T