IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19766 of 2009 AJAY KUMAR MAITIN @ AJAY MAITIN Versus The STATE OF BIHAR ------ 2/ 13.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Allegation against the petitioner is about not making payment of Rs. 1,54,518/- only for which photocopy of Cheque was handed over to the complaint’s company but that is countered on the ground that business transaction was therein between the parties which continued after the incidence of this disputed payment. There is every possibility of payment in cash and return of the original Cheque after retaining its photocopy that has been made ground for offence. If that is the reality, there is no possibility of continuation of the business transaction after the refusal of payment. According to the learned counsel, submission of the complainant if is accepted then also it is a case of civil liability for which petitioner’s arrest cannot be justified. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Complaint Case No. 1132(c) of 2008, above named petitioner 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 Sri R.K. Tripathy, J.M., Ist Class, Patna subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)