IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14653 of 2008 RAJIV RANJAN Versus STATE OF BIHAR & ANR. ----------- 3 09.09.2008 Heard learned counsels for the petitioner, the State and the opposite party no.2. Petitioner is an accused in a case registered for the offence under section 420 of the Indian Penal Code and section 138 of the Negotiable Instruments Act. The allegation against the petitioner is to the effect that in course of business transaction two cheques were issued by him in favour of the opposite party no.2 dated 28.05.2005 and 31.05.2005 amounting to Rs. 10,080/- and Rs. 4,956/- respectively, which bounced and proceeds of the aforesaid cheques were not paid even after giving notice, and as such, it is alleged that the petitioner cheated the complainant. It has been submitted on behalf of the petitioner that as a matter of fact the petitioner on being informed that the aforesaid two cheques were dishonoured for want of fund, the petitioner paid the aforesaid amount and thereafter the present complaint has been filed for ulterior purposes only. It is further submitted that no civil liability remained, and as such, the petitioner has not filed any civil suit for recovery. Learned counsel for the opposite party no.2 2 submits that the submission of the petitioner that he had repaid the amount against those two cheques is absolutely incorrect as the petitioner is not in position to produce any receipt showing payment of the aforesaid amount. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Rajiv Ranjan be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Complaint Case No. 2444 of 2005 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)