IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14897 of 2008 AFTAB DANISH Versus THE STATE OF BIHAR & ANR ----------- 3. 8.9.2008 Heard the learned counsel for the petitioner and the State as well as opposite party no.2. The petitioner is an accused for an offence under sections 406 and 420 of the Indian Penal Code. The allegation against the petitioner is to the effect that in course of business transaction between the petitioner and the complainant with regard to sale of C.F.L. bulb, an amount was found payable by the petitioner to the complainant and for that the petitioner gave two cheques, total amounting to Rs.51,000/- and both the cheques were dishonored for want of fund. As such, the petitioner knowing fully well is alleged to have cheated the complainant. Learned counsel for the petitioner submits that the complaint was sent to the police, who registered the case. However, no case under section 138 of the Negotiable Instruments Act was registered. It was registered for the alleged offence under sections 406 and 420 of the Indian Penal Code. As such, the complainant could not have taken any advantage of dishonouring of the cheque. It is further submitted that if the complainant is aggrieved by the act of the petitioner, he may file a civil suit instead of filing the complaint. Learned counsel appearing for opposite party no.2 submits that admittedly the petitioner gave the aforesaid two cheques for payment on account of business transaction and the cheque was 2 dishonoured. Since the petitioner is knowing fully well that there is no fund in his account, mere giving the cheques itself constitutes an offence under section 420 of the Indian Penal Code as well as section 138 of the Negotiable Instruments Act. The learned counsel appearing on behalf of the State, on the other hand, submits that the allegations are specific, as alleged in the complaint and as such the petitioner is liable to make the payment. Considering the submissions of the parties and the nature of the allegations levelled in the complaint, I am not inclined to grant anticipatory bail to the petitioner. The application is, accordingly, dismissed. PNM (Shailesh Kumar Sinha, J.)