IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 22644 of 2009 Shatrughan Singh, son of Rameshwar Singh, resident of Lal Kothi, Bibiganj Main Road, Danapur, Police Station – Danapur, Patna District – Patna - Petitioner Versus State of Bihar - Opposite Party ----------- 2 25.08.2009 Petitioner apprehends arrest in Complaint Case No 1233C of 2008 appertaining to Trial No 3351 of 2008 pending before Judicial Magistrate, First Class, Patna for an offence under Sections 406, 420 of Indian Penal Code read with Section 138 of Negotiable Instruments Act. In the complaint, it is alleged that the petitioner, under his signature, issued a cheque of Rs 50,000/- to the complainant. When the cheque was deposited, it was dishonoured on the ground that payment has been stopped. Complainant then filed the complaint. The defence of the petitioner is that a cheque book, which contained this cheque, was misplaced. The cheques were already drawn up and signed. Petitioner, accordingly, gave a Sanha to the Danapur Police Station on 12.11.2007. Later, he got a notice from the Court of the present case and has learnt that the complainant has used the cheque to show payment to her which was not due to her. Petitioner has not stated as to why petitioner took no action for theft of cheque against the complainant rather his defence is that there is accounting dispute and the amount is not payable. Petitioner has also not stated that before the cheque was presented, he had sent notice to stop payment disputing the liability to pay. In such a situation, I am not inclined to entertain this 2 application. Petitioner submits that two of the co-accused including wife of petitioner has been granted anticipatory bail by this Court in Cr Misc No 13068 of 2009 by order dated 27.05.2009. In my view, the case is clearly distinguishable that those were cases of persons other than who has not signed the cheque. Petitioner is the person who has signed the cheque and cannot escape the liability. After this order was passed, learned counsel submits that the petitioner is ready and willing to deposit Rs 50,000/-, which is the cheque amount, in the Court below without prejudice to his rights which the complainant may withdraw subject to final orders that the trial Court may pass. I direct that on petitioner’s depositing Rs 50,000/- in the Court below, he would be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, First Class, Patna in Complaint Case No 1233C of 2008, trial No 3351 of 2008 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. The amount so deposited would be withdrawn by the complainant without prejudice to the rights of the parties and would be subject to final orders that may be passed in that regard by the trial Court. M.E.H./ (Navaniti Prasad Singh)