Ramjiwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26442 of 2019 Arising Out of PS. Case No.-1016 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== RAMJIWAN KUMAR Son of Late Kalim Paswan Resident of Village - Mainamatth, P.S.- Ghoshi, District- Jehanabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshmi Kant Sharma For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-04-2019 Heard both sides.

The petitioner apprehends his arrest in Jehanabad P.S. case No. 1016 of 2018 registered under Section 406, 420, 506 of the IPC and u/s 138 of N. I. Act.

The informant alleged that petitioner borrowed Rs. four lacs from him for the treatment of his wife but on demand he did not return the amount. The petitioner is said to have given cheque No. 917712 of Rs. four lacs but when the cheque was presented the bank did not encash the same due to non availability of fund.

The learned counsel for the petitioner submits that petitioner borrowed only Rs. 40,000/- as guarantee but the informant made interpolation in the cheque and enhanced the amount to Rs. four lacs by adding one zero. No offence u/s 406

Patna High Court CR. MISC. No.26442 of 2019(2) dt.24-04-2019 2/2 or 420 is made out. The procedure for institution of complaint for the offence u/s 138 of N.I. Act has not been followed but the learned counsel for the informant submits that petitioner gave cheque of Rs. four lacs but the same was dishonoured. Taking into consideration the facts that the dispute arose on account of borrowing and returning the borrowed money, the petitioner claims that he took only Rs. 40,000/- where the informant claimed that he lent Rs. four lacs, 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 Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. case No.1016 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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