Kanchan Kishore @ Kachan Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82733 of 2019 Arising Out of PS. Case No.-233 Year-2018 Thana- DARBHANGA TOWN DistrictDarbhanga ====================================================== 1.

Kanchan Kishore @ Kachan Kishore Singh Son of Shri Awadhesh Singh Resident of Village - Chiraiyatand, Khas Mahal, Road No.3, P.S.- Jakkanpur, Distt.- Patna.

2.

Dhananjay Kumar @ Dhananjay Kumar Satyadeva Son of Shri Raghav Prasad Resident of Village - In front of Gopalganj Petroleum, Jangalia More, P.S.- Gopalganj, Distt.- Gopalganj.

3.

Pankaj Priyadarshi @ Pankaj Singh Son of Maheshwar Narayan Thakur Resident of Village - Maushari Ram ,P.S.- Sakra, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amir Alam, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 13-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Darbhanga Town PS Case No. 233 of 2018 dated 18.11.2018 instituted under Sections 420/406/34 of the Indian Penal Code and 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act').

3. The allegation against the petitioners is that four cheques issued by their Company were not honoured.

Patna High Court CR. MISC. No.82733 of 2019 dt.13-12-2019 2/3

4. Learned counsel for the petitioners submitted that they are partners in Eklavya Infra Private Limited Company and the informant has alleged that he used to supply diesel to the Company for which money was not given. It was submitted that the allegation is that since last few months, payments were not regular and four cheques of various amounts totalling Rupees Twenty Three Lakhs were not honoured. It was submitted that once the informant has admitted that there was business dealing and initially he had no complain for recovery of any amount as part of business transactions, criminal case is an abuse of the process of the Court.

It was submitted that in the FIR itself it is admitted that initially there was no complaint and later on the allegation is that four cheques were not encahsed which also are said to have been issued for supply of diesel to the Company, it is apparent that dealing was purely business/contractual in nature. Learned counsel submitted that the law is settled, inasmuch as, an allegation under the Act for a charge under Section 138 of the same, FIR is not maintainable and only a complaint can be filed.

Patna High Court CR. MISC. No.82733 of 2019 dt.13-12-2019 3/3 for such recovery.

5. Learned APP submitted that the allegation is of non-encashment of said cheques. However, with regard to the settled law, he fairly submitted that it is a business transaction being money matter and, thus, purely civil in nature.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within four weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in Darbhanga Town PS Case No. 233 of 2018, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands disposed off in the aforementioned terms (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T