Ravindra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60960 of 2019 Arising Out of PS. Case No.-47 Year-2014 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== RAVINDRA CHOUDHARY Son of Ganesh Choudhary Resident of Village - Darhar, P.S.- Bahadurpur, Dist.- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Jamshed Alam Son of Late Gulam Mustapha, Resident of Village - Dhasuara, P.S.- Bahera, Dist.- Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarvan Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.47 of 2014 for the offences allegedly committed by the petitioner under Sections 420 and 406 of the Indian Penal Code and under section 138 of the N.I. Act.

The complainant alleged that the petitioner purchased construction materials from the shop of the complainant but did not make payment. The petitioner gave one cheque of Rs.4,45,000/- and another cheque of Rs.3,55,000/- but both cheques were dishonoured.

Learned counsel for the petitioner submits that prior to the institution of the present complaint petition, the petitioner

Patna High Court CR. MISC. No.60960 of 2019(2) dt.16-10-2019 2/2 had given information to the police station informing that his cheques kept in the dickey of the vehicle were stolen. It is further submitted that the dispute is of civil nature. During business transaction, if any amount is due, the petitioner is ready to pay the same.

Having considered the facts that before institution of the present case the petitioner had earlier given information to the police station for missing of his cheques, the above named petitioner, in the event of his arrest or surrender before the learned 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 learned A.C.J.M., Benipur, Darbhanga in connection with Complaint Case No.47 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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