Patna High CourtCR. MISC./54317/2018allowed

Amar Paswan v. The State Of Bihar

2018-09-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54317 of 2018 Arising Out of PS. Case No.-7 Year-2018 Thana- PATLIPUTRA District- Patna ====================================================== Amar Paswan S/o Late Sakaldev Paswan, resident of Mohalla- Mainpura, Gorya Sathan, P.S. Patliputra, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar For the Opposite Party/s :

Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State as well as the informant.

The petitioner is in custody in connection with Patliputra P.S. Case No. 07 of 2018 for the offenses under Sections 406 and 420 of I.P.C. and Section 138 of NI Act. Learned counsel for the petitioner submits that the FIR itself is not sustainable in law for the reason that for offense under Section 138 NI Act the procedural requirement is filing a complaint and not FIR. Criminal case is not a mode of realisation of money claims. The law in this regard is well settled. It is submitted that offense under Section 138 NI Act is complete but he has no answer to the proposition that FIR is not permissible for offense under Section 138 NI Act.

Patna High Court Cr.Misc. No.54317 of 2018(2) dt.20-09-2018 2/2 Considering the fact that when the FIR itself is under cloud and recovery of money claim is not permissible by way of criminal proceeding, the court is inclined to grant bail to the petitioner.

Considering the aforesaid, let the petitioner, above named, 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 the C.J.M, Patna in connection with Patliputra P.S. Case No. 07 of 2018.

(Anil Kumar Upadhyay, J) spandey/- U T