IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38697 of 2009 VIKAS KUMAR GUPTA @ BIKAS KUMAR GUPTA, Son of Parshuram Sah, resident of Mohalla Maulaganj, P.S. Laheriasarai, District-Darbhanga Versus THE STATE OF BIHAR ----------- 2 03-12-2009 Heard learned counsel for the petitioner and the State. Petitioner apprehends in a police case under Section 420 and other provisions of the Penal Code and 138 of N.I.Act. The defence is of a voluntary loan taken when the cheques issued in repayment have been dishonoured .The next submission is in absence of any allegation of cheating at the very inception the issuance of cheques in repayment makes Section 420 of Penal Code not applicable and Section 138 N.I.Act is bailable. Counsel for the State submits that the court below had granted anticipatory bail on certain conditions which the petitioner failed to comply. The total amount in question is Rs.3.50 Lacs. It the petitioner appears before the court below - 2 - within eight weeks along with a sum of Rs.1.75 Lacs, the court below shall proceed to consider his application for regular bail without being prejudiced by the present order on the date that he surrenders along with fixation of instalments for the balance. In the event of petitioner defaulting in payment of any subsequent instalment, the court below shall be at liberty to cancel his regular bail application. The deposit shall be without prejudice to the defence of the petitioner in the trial. Let the deposit so made be invested in a government interest earning security to abide by the result of the case. NKS/- ( Navin Sinha, J)