Parimal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19487 of 2021 Arising Out of PS. Case No.-4450 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Parimal Kumar Son Of Nandan Singh Resident Of Mohalla - Gola Road Bakerganj, P.S.- Pirbahore, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Navin Kumar Matte @ Navin Kumar Son of Om Prakash Matte Resident of East Makhaniya Kuan, P.S.- Pirbahore, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

The petitioner is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 406, 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

It is alleged against the petitioner that he took Rs. 10,65,000/- from the complainant as friendly loan

2/4 as both were friends and known to each other. The petitioner promised to return the same within a year. However, when money was not returned, the complainant organized a panchayati in which the petitioner gave three cheques worth Rs. 10,65,000/- to the complainant which got bounced.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. The petitioner has taken a loan of Rs. 4,60,000/- from a business committee which was being run by the complainant. At the time of taking loans from the said Committee, the complainant had taken three blank cheques as a security to the petitioner and when the petitioner failed to return the amount on time, the complainant has played fraud by mentioning cash of Rs. 10,65,000/- in three cheques. When the petitioner received such information, he gave an application to the concerned bank to drop the payment. Hence, no case under Section 138 N.I. Act is made out against the

3/4 petitioner. The application of the petitioner requesting the bank to stop payment of cheques is annexed as Annexure-2 to the petition.

The petitioner is still ready to make payment of Rs. 4,60,000/- to the complainant, subject to final outcome of the case.

Learned counsel appearing on behalf of the complainant, however claims that Rs. 10,65,000/- was given to the petitioner, but he accepts the offer of the petitioner.

The petitioner is directed to submit a bank draft of Rs. 2,00,000/-(Two Lakhs) drawn in favour of the complainant before learned Court below within a period of eight weeks from today. The learned Court below is directed to hand over the bank draft to the complainant after proper verification. So far as rest amount of Rs. 2,60,000/-(Two Lakhs & Sixty Thousands) is concerned, the same will be paid by the petitioner in two equal installments within a period of two consecutive months

4/4 which will be counted after making payment of Rs. 2,00,000/-(Two Lakhs) to the complainant.

The aforesaid payment will be subject to the final outcome of the case.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Complaint Case No. 4450(C) of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T