IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.985 of 2009 YOGENDRA PRASAD SINGH Versus STATE OF BIHAR THRU.CHAIRMAN&A with CR. WJC No.986 of 2009 RAM AWADHESH DUBEY Versus STATE OF BIHAR & ANR ----------- 5 5.10.2010 Both these cases are taken up together as the similar issues have been involved in these cases. The petitioner Yogendra Prasad Singh in Cr.W.J.C.No.985 of 2009 is Incharge Assistant Store Manager of Bisomaun authorized centre at Raghunathpur, Buxar and the petitioner Ram Awadhesh Dubey in Cr.W.J.C.J.No.986 of 2009 is also Incharge Assistant Store Manager of Biscomaun authorized centre at Jamouli, Buxar. They had been authorized to purchase paddy, wheat from the farmers for supplying it to the Food Corporation of India at the pre-determined or specified rate. The petitioners as per instruction of the Biscomaun purchased paddy and wheat and made payment to the farmers either through Account Payee cheque or bearer cheque. Learned counsel for the petitioners submits that some of the farmers did not have any Bank account and as such on their insistence and request the payment was made through bearer cheque. It is not the case of the respondents that no cheque at all was paid or the farmers did not receive their money in lieu of sell of their products. He submits that even from the F.I.R., no case of cheating would be made out. The petitioners submit that issue in question whether payment should be made to the farmers through the Account Payee cheque or bearer cheque was 2 KHAN considered by this court by order dated 18.1.2010 passed in C.W.J.C.No.852 of 2010 (Janhit Dehri Bikas Morcha, Rohtas Vs The Union of India and Ors) wherein this court observed that in order to make transparency the farmer should be paid by account payee cheque. Consequently, the Cooperative Department has issued notification dated 6.5.2010 contained in memo no.2563 directing that payment should be made to the farmer through account payee cheque. The aforesaid letter was issued pursuant to the notification dated 5.5.2010 contained in memo no.2719 issued by the Department of Fertilizer and Consumer Protection. In view of the aforesaid facts, learned counsel submits that prior to the aforesaid government instruction, there was no binding instruction of making payment to the farmers by way of account payee cheque and not by way of bearer cheque. It appears that mere payment through bearer cheque in absence of any binding instruction would not make an offence unless and until some ulterior motive or mensria on the basis of the materials on record is made out. Having heard counsel for the parties, this court is of the view that if the petitioners file a representation before the Investigating Officer of the case, he would look into the matter in accordance with law. In the meanwhile, no coercive steps would be taken against the petitioners. With the aforesaid observations and directions, these writ petitions stands disposed of. (S.P.Singh,J) 3