IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28671 of 2011 1. Rajesh Raushan, Son of Late Bharat Choudhary 2. Neeraj Kumar alias Neeraj Kumar Niranjan, Son of Amod Kumar Singh Both resident of B.5, P.C. Colony, Opposite Shalimar Sweets, Kankarbagh, P.S.-Kankarbagh, District-Patna. Versus The State of Bihar ----------- 2. 26.08.2011 Heard learned counsel for petitioners and learned counsel appearing for the State. The petitioners apprehend their arrest in connection with a complaint case in which cognizance for the offence punishable under Section 406 of the IPC and Section 138 of the Negotiable Instrument Act, has been taken. As per allegation, in course of transaction of business a sum of Rs. 1,93, 134/- became outstanding against the accused persons towards the goods supplied to them. The accused persons issued three cheques dated 30.11.2009, 5.11.2009 and 13.11.2009 amounting to Rs. 30,900/-, 1,00,000/- & 44,800/- respectively. On being presented before the bank, all the three cheques got dishonoured due to insufficiency of funds. Statutory notice was given to the accused persons, asking them to pay the due amount and since the payment was not made, a complaint case was filed in which after examination of complainant on solemn affirmation and after examining witnesses in course of inquiry under Section 202 Cr.P.C. finding a prima facie case, the court below took cognizance of the offence. Learned counsel for the petitioner submits that the 2 accused persons and the complainant deal in computer parts business and there is ongoing business relationship between them. In course of business, accused persons had given post-dated cheques to the complainant in advance as security in good faith, requesting them to produce those cheques, if they fail to make payment in cash in lieu of receipt of goods. It is contended that regular payment was being made to the complainant and the complainant committed a breach of trust by producing the post- dated cheques given in security even though there was no liability upon the accused persons. It is thus submitted that even on admitted facts, there would be no application of Section 406 IPC. Mrs. Renuka Sharma, learned counsel appearing on behalf of the petitioners submits that the petitioners are willing to deposit the amount for which the three cheques were issued, in two installments. In the light of the fair stand taken on behalf of the petitioners, in the event of their arrest or surrender within 4 weeks from the date of receipt/communication of this order, they shall be released on provisional bail initially for a period of two months provided that the petitioners deposit Rs. 75,000/- as first installment in the court below, on furnishing bail bonds of Rs. 5,000/- (five thousand only) with two sureties of the like amount each to the satisfaction of Smt. Sachi Mishra, Judicial Magistrate, Ist Class, Patna in connection with Complaint Case No. 1073 (C) of 2010 subject to the conditions as laid down under Section 438(2) 3 Cr. P.C. The provisional bail so granted to the petitioners shall be confirmed, if the petitioners deposit remaining amount i.e. Rs. 1,00,700/- in the court below within two months thereafter. The amount so deposited by the petitioners shall be deposited in a Nationalized Bank under fixed deposit scheme under the order of the court concerned, initially, for a period of one year and if the case does not conclude within the aforesaid period, the said deposit period shall be renewed further from time to time as per the discretion of the court below. It is made clear that the aforesaid deposit of amount shall not prejudice defence of the petitioners in course of trial in any manner. The deposit of amount made by the petitioners shall be subject to the final result of the case. Sanjeet (Ashwani Kumar Singh, J.)