Raviranjan Verma @ Kinu Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70821 of 2024 Arising Out of PS. Case No.-1250 Year-2019 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Raviranjan Verma @ Kinu Verma Son of Late Kanhaiya Prasad Resident of village- Ramparsauna, P.O. and P.S. Lawriya, District- West Champaran. ... ... Petitioner
Versus
1.
The State Of Bihar 2.
Kumar Nikhil S/O Ravindera Kumar R/O Mohalla Harivatika Pokhar P.S Bettiah Muffasil Dist west champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajdeep Kumar, Advocate For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, A.P.P.
Mr. SK Verma, Hemand Ray, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner, the State and the opposite party no.2.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 420, 406 and 504 of the Indian Penal Code and section 138 of the NI Act.
3. As per the prosecution case, informant is licencee of Vishal Tiles and Marbles which deals in the house construction articles, situated at Industrial Area, Bettiah. Petitioner used to take away articles for his necessity in cash and on credit time to time. In this way, he took articles of Rs. 68533 and Rs. 61435. when informant demanded money, then on 18.11.2012 petitioner gave a cheque no. 000003 for Rs. 68533 and on 30.6.2018 petitioner gave in writing on the plain stamp of Rs. 100/- for Rs. 61435 and promised to pay the money till 01.07.2018. Cheque, which was given by the petitioner was bounced on 20.11.2017 due to insufficiency of fund and its legal information was sent by father of the informant through advocate Shree Gopal Singh to the petitioner and after that petitioner requested informant not to take any action and
Patna High Court CR. MISC. No.70821 of 2024(5) dt.03-04-2025 2/2 promised to return entire amount but did not return and lastly on 29.7.2019, the informant and witnesses met the petitioner and demanded his amount, then petitioner abused informant and denied to return money.
4. Learned counsel appearing for the petitioner submits that the cheque given by the petitioner vide cheque No.- 000003 dated 18.11.2017 was presented by complainant for encasement in Bandhan Bank Ltd. Said cheque dishonored and returned on dated 20.11.2017. Then complainant sent a legal notice by registered post on dated 10.09.2018. Notice was not served within time hence u/s 138 Negotiable Act, 1881 not made out. As per complaint, agreement between petitioner and complainant held on dated 30/06/18 on the 100 Rupees plain stamp paper to the effect that petitioner will pay the amount of Rupees 61435 on dated 1/7/2018 is false and fabricated. Hence the section 406 of Indian Penal Code is not made out. greement paper produced by the opposite party no.2 is a false document. Petitioner claims clean antecedent.
5. Learned counsel for State and opposite party no.2 oppose the prayer for bail. Learned counsel for opposite party no.2 submits that there is specific allegation against the petitioner that he took materials from firm of opposite party no.2 and gave him cheque in question which got dishonoured.
6. Considering the nature and gravity of allegation, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T