Deepak Ashok v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41826 of 2016 Arising Out of PS.Case No. -933 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Deepak Ashok S/o Shri Ashok Kumar Jain R/o Flat No. 404, Om Complex, S.P. Verma Road, P.S. Kotwali, P.O. G.P.O., District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Amit Verma S/o Shri Sacchidanand Prasad R/o Tikia Toli, Mogalpura, P.O. Jhauganj, P.S. Khajekalan, District - Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar, Adv. For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-11-2016 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No. 933/2012, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.
The complainant alleged that petitioner took Rs. 3,00,000/- from him for getting a piece of land registered in his name and the complainant got three post-dated cheques dated 19.06.2012, 02.07.2012 and 16.07.2012 from the petitioner. The cheque dated 19.06.2012 was presented in the bank on 19.06.2012 itself and the same was dishonoured on 21.06.2012 and the complainant got information about the dishonour of cheque on
Patna High Court Cr.Misc. No.41826 of 2016 (4) dt.23-11-2016 2/2 22.06.2012. The complainant again presented the same cheque in the bank on 25.06.2012 and he got information that the cheque was dishonoured on 27.06.2012, but the complainant gave notice to the petitioner on 25.08.2012 whereas, from the date of knowledge of dishonour of the cheque statutory period of issuance of notice is one month. Similarly with regard to second and third cheque no legal notice was given to the petitioner for re-payment of the amount.
Learned counsel for the complainant did not dispute this fact.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or 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 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Patna City in connection with Complaint Case No. 933/2012, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T