IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26988 of 2008 SATYAM TIWARY Versus STATE OF BIHAR ----------- 2. 05.08.2008 Heard the counsel for the petitioner and the state. The dispute relates to bouncing of cheques issued by the petitioner on account of insufficiency of fund in the account. A case has been instituted u/Ss 420 & 406 of the IPC and Section 138 of Negotiable Instrument Act. The petitioner is not disputing that he had issued two cheques for making payment of dues claimed by the complainant amounting to Rs 70,000/- Counsel for the complainant has not been able to produce any document in support of his claim. However, considering the fact that the cheque issued by the petitioner has bounced, the petitioner will make payment of total Rs 70,000/- to the complainant. The payment should be made in six installments. The first installment of Rs 15,000/- should be paid within two weeks from today. Next four installments should be paid in each month amounting to Rs 10,000/- and the last and the sixth installment should be paid amounting to Rs 15,000/- Payments must be made within six months from today. The complainant will return the bounced cheque to the petitioner. The petitioner is directed to surrender before the court of Sri Satyendra Singh, J.M. Ist Class, Buxar within three weeks from today. If the petitioner surrenders and produces the document in support of payment of Rs 15,000/- to the complainant as well as furnishes bail bond of Rs 10,000/- (ten thousand) with two sureties of the like - 2 - amount each, the concerned court will grant provisional anticipatory bail to the petitioner, Satyam Tiwary in connection with Tr. No. 2061/06 arising out of Complaint Case No. 1012(C) of 2006. The provisional anticipatory bail so granted to the petitioner will be confirmed on payment of the entire amount within six months as mentioned in the order. In case of failure, the provisional bail should be cancelled. AKV/ (Mridula Mishra,J.)