Sunit Peter @ Sumit Peter v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18444 of 2019 Arising Out of PS. Case No.-160 Year-2016 Thana- RAXAUL District- East Champaran ====================================================== SUNIT PETER @ SUMIT PETER Son of Justin Peter Resident of villageSunderpur, Ward No. 4, P.S.- Raxual, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-03-2019 Heard both sides.

The petitioner apprehends his arrest in Raxaul P.S. case No. 160 of 2016 registered under Section 406 and 420 of the IPC and u/s 138 of the N. I. Act.

The gist of the allegation is that petitioner is said to have borrowed Rs. 3 lac from the informant for treatment of his father but petitioner could not return the money. On demand the petitioner issued a cheque of Rs. 1, 65,000/- but the cheque was dishonoured.

The learned counsel for the petitioner submits that petitioner never borrowed any amount from the informant. The petitioner and informant are partners in a business and petitioner gave blank cheque to the informant but the informant without informing the petitioner presented the cheque in the Central

Patna High Court CR. MISC. No.18444 of 2019(2) dt.27-03-2019 2/2 Bank of India which was returned due to paucity of fund. It is submitted that no offence u/s 138 of N.I. Act is made out because notice as required u/s 142A of the Act was given to the petitioner but complaint was not filed within the period prescribed therein and after six months of the occurrence the informant filed the FIR.

Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Raxaul, Motihari in connection with Raxaul P.S. case No. 160 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T