Anil Kumar Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52935 of 2015 Arising Out of PS.Case No. -467 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Anil Kumar Gupta S/o Basudeo Prasad resident of Gyan Babu Chowk, P.S. Motihari Town, Dist. - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dhananjay Kumar Singh S/o Late Ramchandra Singh resident of Vill. Sakri, P.S. Arwal, Dist. - Arwal, presently working as Senior Branch Manager of M/s Nosler International Ltd., Patna. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s : Mr. Upendra Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 15-12-2015 Heard the parties.

The petitioner apprehends his arrest in connection with Motihari Town P.S. Case No. 467 of 2015 for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

Mr. Sangeet Deoculiar, learned counsel for the petitioner submits that the case was originally instituted as Complaint Case No. 2562 of 2014 which has been subsequently registered after enquiry under Section 156(3) of the Code of Criminal Procedure as an FIR. He submits that it is on account of business dispute in between the parties that has given rise to

Patna High Court Cr.Misc. No.52935 of 2015 (2) dt.15-12-2015 the case and in which the complainant-informant has utilized a cheque deposited by the petitioner as a security almost five years back. A statement to such effect is made in paragraph-14 to this application. With reference to Annexure-5, he submits that whereas according to the own calculation of the informant the balance amount comes to Rs. 64,803/- but since the business transaction in between the parties has since snapped that the informant has utilized a cheque deposited with him almost five years back to raise a sum which is not in tune with the calculation. Mr. Deokuliar, however, submits that the signature appearing on the cheque belongs to him.

It is further argued that the cheque has not bounced for lack of amount rather it is on the instructions of the petitioner that the payment has been stopped in view of the business dispute in between the parties. Having heard learned counsel for the parties and considering the nature of allegation as well as the submissions of learned counsel, let the petitioner, namely, Anil Kumar Gupta in the event of his arrest or surrender within four weeks from today be released on bail on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.52935 of 2015 (2) dt.15-12-2015 Motihari Town P.S. Case No. 467 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Jyoti Saran, J) S.Sb/- U T