IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30683 of 2011 Sunil Kumar Verma Versus The State Of Bihar ---------------------------------- For the petitioner: Mr. Dineshwar Mishra And Mr. Surendra Mishra For the State: Mr. Rajendra Kr. Singh, APP For the informant: Mr. R.K.Singh 2 28.9.2011 Heard learned counsel for the parties. Petitioner is alleged for not returning the loan amount advanced by the informant of Rupees four lacs for which first cheque of Rs. 1,00,000/-, second cheque of Rs. 1,20,000/- and third cheque of Rs. 40,000/- were given which on production were not honoured by the bank. It is admitted case of the parties that money transaction was in between the parties from earlier and now it is lacking that while the informant was requested to advance the loan amount there was any fraudulent or dishonest intention. For dishonouring of the cheque amount, there is specific offence made under section 138 of N.I.Act, for taking cognizance, some formalities are there to be performed by a person in whose favour cheque is issued which has not been done in the case. There is invisible bar in determining a liability to be civil or criminal and section 2 138 of N.I.Act is there to clarify the same that once a cheque is issued and is dishonoured then an opportunity should be given to issuer of the cheque to show that intention at the beginning was fraudulent and dishonest or not. In non-existence of the same also offence is made out but under specific section of N.I.Act and after fulfilment of formalities only which is lacking in this case. Thus, having regard to the facts and circumstances of the case as well as submission of the parties, the above named petitioner is directed to 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 Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram Model P.S. Case No. 545/2011. AI ( Mandhata Singh, J.)