IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16055 of 2008 CHUMAN PANDEY Versus STATE OF BIHAR ----------- 3. 15.07.08. Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in connection with connection with Complaint Case no.C-1628 of 2000/Trial no. 2365 of 2007 registered under Sections 406 and 420 of the Indian Penal Code and 138 of Negotiable Instrument Act. It is submitted on behalf of the petitioner is that on perusal of the allegation made in the complaint petition,it is stated that the petitioner had issued a cheque for Rs. 85,000/- on 14.4.2000 payable in the Central bank of India, but as there was no account of the complainant into such bank, therefore, the same was deposited in the Punjab National bank and thereafter the cheque was sent to the Central bank of India from where the same has been returned after mentioning insufficient fund and the present case has been brought after a log gap i.e. 22.9.2000 which clearly shows that no offence under negotiable Instrument Act is made out. There is no laches on the part of the petitioner and the transaction of civil nature in course of business transaction. It is further submitted that the cheque which was issued by the petitioner was returning by the banker on 12.5.2000 whereas the complaint case was lodged on 22.9.2000 and as such the petitioner could not be proceeded for the alleged offence under Section 138 of Negotiable Instrument Act. Learned counsel for the petitioner further submits that during the pendency of this application, the petitioner has paid the cheque amount. However, on account of difference on question of payment of interest over the said amount, the complainant did not issue any receipt. Learned counsel for the complainant submits that no amount has been paid and amount is still outstanding against the petitioner. He submits that although no Civil Suit has been filed against the petitioner. Considering the above submissions and on perusal of the allegations made in the complaint petition, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner namely; Chuman Pndey, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri S. K. Srivastava, judicial Magistrate Ist Class, Motihari, in Trial No. 2365 of 2007 arising out of Complaint Case No. C-1628 of 2000, subject to the conditions as laid down under Sub Section 2 of Section 438 of Code of Criminal Procedure. M. Pal. (Shailesh Kumar Sinha,J.)