Hare Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40620 of 2019 Arising Out of Case No.-2412 Year-2018 SIWAN COMPLAINT CASE District- Siwan ====================================================== HARE RAM KUMAR Son of Ram Vinay Sharma Resident of MohallaPurani Bijali Colony Jehanabad, P.S. and Dist- Jehanabad, at present resident of - Managing Director, Moonglow Business Private Limited, Patna, 401, Vijay Shree Complex fourth floor Near Magadh University Kankarbagh, P.S.- Patrakar Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amrendra Kumar Singh @ Suraj Kumar Singh Son of Yugal Kishore Singh Resident of Village and P.O.- Pratappur, P.S.- Husainganj, District- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. 2412/ 2018 for the offences allegedly committed by the petitioner under Section 420, 406 of the IPC. The allegation in gist is that the complainant entered into an agreement with the petitioner for supplying certain goods. The complainant gave Rs. Seven lacs to the petitioner but the petitioner did not supply the goods nor returned the money. The cheque given by the petitioner is said to have been dis- honoured.

The learned counsel for the petitioner submits that petitioner did not hand over cheque to the complainant in lieu of

Patna High Court CR. MISC. No.40620 of 2019(2) dt.02-07-2019 2/2 payment of money whereas the cheque was given as security. The petitioner supplied the entire goods worth rupees seven lacs, invoice is annexed as annexure-2, but the complainant taking advantage of the facts that cheque was handed over to him for security lodged this case making false allegation. Taking into consideration the facts aforesaid and the fact that there appears that dispute arose between the complainant and petitioner during the transaction in course of business and the same requires rendition of accounts, 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, Siwan in connection with Complaint case No. 2412/ 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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