Ashutosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42342 of 2024 Arising Out of PS. Case No.-5564 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ASHUTOSH KUMAR SON OF LATE BHUNESHWAR PRASAD SRIVASTAV PROPRIETOR OF M/S ELECTROCATE ENTERPRISES AT B/1, JYOTI KUNJ, SAKET BIHAR, MITRA MANDAL COLONY, ANISHABAD, POLICE STATION - PHULWARISHARIF, DISTRICT - PATNA ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
BHAGTWAT KUMAR SON OF LATE RAJESHWAR PRASAD RESIDENT OF FLAT NO. 203, SHAMBHUNATH COMPLEX, ABULAISH LANE, NEAR KALI MANDIR, MACHUA TOLI, POLICE STATION - KADAMKUAN, DISTRICT - PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aryan Singh, Advocate For the Opposite Party/s :
Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner, the State as also the complainant.
2. The petitioner is apprehending arrest in connection with Complaint Case No. 5564 of 2022 instituted under Section 420 of the Indian Penal Code and section 138 of the Negotiable Instrument Act filed on 8.6.2022 by the complainant, Bhagwat Kumar.
3. As per the complaint, the complainant alleged that the accused was known to him and whenever he was in requirement of the amount, the same was provided which he
Patna High Court CR. MISC. No.42342 of 2024(2) dt.10-07-2024 2/3 used to return. In the month of August, 2021, the accused came to the complainant and wanted monetary help which followed payment of Rs. 7,50,000/- on 15.8.2021. He assured to make the payment in next six months.
4. As the period lapsed and he demanded the money, a cheque of Rs. 7,50,000/- was given on 25.3.2022 but the same bounced. This followed legal notice dated 26.3.2022 but the accused came to the house of the complainant alongwith other associates, misbehaved and threatened of dire consequences. Left with no alternative, firstly tried to lodge FIR but upon refusal of Kadamkuan Police Station, the complaint.
5. Learned counsel for the petitioner submits that there is no chit of paper to support the case/complaint that he has ever taken money. However, on query, about the release of the cheque, no forceful statement is coming forward.
6. Learned counsel appearing on behalf of the complaint on the other hand submitted that not once but twice the cheque was signed and handed over to the complainant's side, firstly in his name and later, in the name of his wife and before the same could be encashed, he used to request the Bank to stop the payment. This clearly show that he wanted to cheat the complainant under criminal conspiracy. He further submits
Patna High Court CR. MISC. No.42342 of 2024(2) dt.10-07-2024 3/3 that the criminal angle is there inasmuch as upon service of legal notice, he alongwith his associates came and threatened of dire consequences.
7. The present case is not only the cheating of the amount under criminal conspiracy and/or bouncing of the cheque. The further allegation is that when the legal notice was served upon the petitioner, he chose to threat the complainant of dire consequence alongwith his associates.
8. The matter is of the year 2022 and two years later, he has chosen to seek legal remedy.
9. In that background, it would be appropriate that he surrenders and seek bail.
10. The anticipatory bail application stands rejected. (Rajiv Roy, J) Ravi/- U T