IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30177 of 2008 SANTOSH KUMAR S/O SRI SUBEDAR MISTRY, RESIDNT OF VILLAGE-BARI MILKI NEAR BUS STAND RAJGIR, P.S. RAJGIR, DISTRICT-NALANDA Versus STATE OF BIHAR ----------- 2. 15.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. The submission in the complaint case under Section 406, 420 of the Penal Code and Section 138 of the N.I. Act. The submission is that once the petitioner gave the cheque3 in question for repayment of the dues, the question of invocation of the provisions of the Penal Code does not arise and Section 138 of the N.I. Act is bailable. On the undertaking of the petitioner to cooperate in the trial for early disposal of the same, let the petitioner, abovenamed surrender in the court below within a period of six weeks from today, when he shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Saryug Ram, Judicial Magistrate, Ist Class, Nalanda at Biharsharif in Complaint case No. 1301 C/06. AKS/ (Navin Sinha, J.)