IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42118 of 2008 VINOD KUMAR TEKARIWAL Versus STATE OF BIHAR For the petitioner : Mr. Alamdar Hussain, Advocate For the State : Mr. Rabina Prasad, APP ----------- 7 04.05.2009 Heard both sides. The petitioner seeks anticipatory bail in a case instituted under sections 420 and 406 of Indian Penal Code. The allegation as per the complaint is that the petitioner who owns a trading agency received certain amount for supply of mosquito coil to the complainant who runs a retail agency in the name and style of Durga Traders. In spite of receiving the amount of Rs. one lac under receipt and Rs. 65,000/- (in cash without receipt), the articles were not supplied. When he insisted upon, cheques was issued in the name of the complainant for an amount of Rs. One lac which was, when presented in the bank, bounced. Counsel for the petitioner submits that he had in fact negotiated with the firm of the complainant and articles were supplied to one of the partners of the firm namely Sanjay Choubey. It is further the contention of the petitioner is both the parties transact in business and as such this is a matter of accounting/adjustment. The petitioner, therefore, deserves anticipatory bail. Counsel for the opposite party, on the other hand, refers to the deposition of aforesaid Sanjay Choubey enclosed with the counter affidavit to show that the said statement of the 2 petitioner is incorrect. Aforesaid Sanjay Choubey in his deposition has categorically supported the prosecution. This Court under orders dated 12.2.2009 and 8.4.2009 granted liberty to the petitioner to reconcile the dispute inter se and to file appropriate affidavit disclosing that the value of the cheques has already been paid to the complainant. No affidavit has been filed on behalf of the petitioner. Having regard to the submissions made on behalf of the parties and after going through the materials on record, this Court is satisfied that no good case for grant of anticipatory bail is made out. The application stands rejected. pkj ( Kishore K. Mandal, J. )