IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33541 of 2008 PINKU KUMAR S/o- Sri Pawan Kumar Khaitan, R/o- Kaprapatti, P.S.- Saharsa, District - Saharsa Versus STATE OF BIHAR ----------- 2. 23.10.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case for the offences registered under Sections 420 of the Indian Penal Code and 138 of the Negotiable Instruments Act. The allegation against the petitioner is to the effect that in course of business, the complainant (a wholesaler) gave goods to the petitioner who was retailer. Towards the payment of the price of goods, the petitioner gave cheques as contained in Annexure-2 series. Those two cheques were knowingly issued in spite of insufficiency of funds in the Account and, as such, the petitioner cheated the complainant. Learned counsel for the petitioner submits that as a matter of fact, petitioner had already paid the amount against the goods received from the complainant, however, as a matter of precautions, cheques were also given to the complainant and as such, those cheques ought to have been returned by the complainant instead of presenting the cheques. The cheques were not returned and in those cheques different dates were incorporated with forged signature of the petitioner below the changed dates over cheques, and as such, the complainant himself committed fraud and for that the petitioner has filed the complaint which was later on registered as Saharsa Sadar P.S. Case No. 322 of 2007 as contained in Annexure-4. He further submits that notwithstanding the merits and - 2 - the matter, the petitioner in order to show his bona fide he is ready to deposit the alleged defraud amount of Rs. 1,51, 647/- within a period of four weeks in the Court below in Complaint Case no. 859C of 2007. Learned counsel for the complainant opposes the prayer for bail, however, he submits that the complainant has not filed any civil suit for recovery of any amount. Considering the submissions of the parties, it is directed that in the event of arrest or surrender within a period of five weeks from today, the petitioner named above be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount along with the Challan showing the deposit of the aforesaid amount, as offered above by him, each to the satisfaction of the J.M., Ist Class, Saharsa in connection with Complaint Case No. 859C/2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. The deposits made by the petitioner shall be subject to the final result of the case. Jagdish (Shailesh Kumar Sinha,J)