IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3909 of 2010 PURURAJ SINGH Versus STATE OF BIHAR 3 14.5.2010 Heard counsel for the petitioner and the State as well as counsel appearing on behalf of the informant. The petitioner apprehends his arrest in a case under sections 420, 406, 467, 468/120(B) of the Penal Code and section 138 of the N.I.Act. It is alleged by the complainant Kundan Kumar that the accused persons namely Pururaj Singh, Girija Nandan Singh and Nilima Singh took loan of Rs.3,85,000/- from him for the purpose of contract work in B.S.N.L. and accused Girija Nandan Singh assured him to return the loan amount in time and on their assurance the complainant paid the accused persons a sum of Rs.3,85,000/- in cash and also deposited a sum of Rs.2,000/- and Rs.13,000/- on 30.3.2009 and 31.3.2009 respectively in the account of accused Girija Nandan Singh. He also catered for purchase of Air Ticket, amounting to Rs.9,000/- in favour of Sumit Kumar son of Girija Nandan Singh. It is further alleged that when the complainant demanded the loan amount, the petitioner Pururaj Singh, son of Girija Nandan Singh issued two cheques dated 3.8.2009 and 8.8.2009 for Rs.1,20,000/- both of which bounced. Counsel for the petitioner submits that in fact it is the complainant who had tried to cheat the accused persons. He submits that the mother of the petitioner Smt.Nilima Singh with consent of her husband gave a sum of Rs.1,79,000/- to the complainant as loan for 2 development of his business, out of which Rs.49,000/- was paid on 4.3.2008 through cheque no.097153 drawn on S.B.I., Hajipur Branch; Rs.20,000/- in cash and Rs.1,10,000/- was paid to the complainant through cheque no.924938 dated 16.3.2009 drawn on Oriental Bank of Commerce. He further submits that in fact when the petitioner and his family members demanded the aforesaid amount from the complainant, he paid only a sum of Rs.2,000/- + Rs.13,000/- totaling Rs.15,000/- through account of father of the petitioner and rest of amount of Rs.1,64,000/- has not been paid to the petitioner. In this regard, the mother of the petitioner filed an informatory petition and Complaint Case No.(c) 3675 of 2009 as would be evident from Anenxure-4. He further submits that the mandatory provision of Negotiable Instruments Act has not been complied with in the instant case. Learned counsel for the complainant submits that the aforesaid amount was not paid towards loan but the same was paid towards his business transaction. He submits that the accused persons have cheated him of a sum of Rs.3,98,000/- in total, besides a sum of Rs.9,000/- which was paid for Air ticket of the brother of the petitioner. There is allegation and counter allegations between the parties. A cheque of Rs.1,20,000/- alleged to be issued by the accused side in favour of the complainant bounced. It appears that Rs.13,000/- was deposited by the complainant on 31.3.2009 in the account of accused Girija Nandan Singh, the father of the petitioner and also purchased Air Ticket costing Rs.9,000/- in favour of Sumit Kumar, the 3 brother of the petitioner. Learned counsel for the petitioner submits that he is willing to deposit a sum of Rs.1,20,000/- in form of cheque/Bank draft in the name of the Registrar, Civil Court, Vaishali at Hajipur which would be subject to the result of the instant case. In the circumstances, this court passes the following order: i) No coercive steps would be taken against the petitioner Pururaj Singh for a period of eight weeks from today in connection with Hajipur Town P.S.(Industrial Area) Case No.535 of 2009, arising out of Complaint Case No.2859 of 2009, pending in the court of the Chief Judicial Magistrate, Vaishali at Hajipur. ii) In the meanwhile, the petitioner would deposit a cheque/Bank draft to the tune of Rs.80,000/- drawn in favour of the Registrar, Civil Court, Vaishali at Hajipur in connection with Hajipur Town P.S.(Industrial Area) Case No.535 of 2009, arising out of Complaint Case No.2859 of 2009 which would be subject to the result of the aforesaid case; iii) Further, the petitioner would deposit a cheque/Bank draft of Rs.70,000/- drawn in favour of the complainant Kundan Kumar Singh, son of Arun Kumar Singh which he would deposit in his account in one of the local 4 KHAN Banks, but would not withdraw the aforesaid amount till the decision of this case. iv) The complainant would furnish a bond before the learned court below that in case he loses the aforesaid case, he would refund the whole amount to the petitioner. v) In case the petitioner fulfills the aforesaid condition within the period prescribed by this court, the interim relief granted to him will be confirmed by the learned Magistrate in seisin of the case to his satisfaction. Learned court below is directed to conclude the trial of the petitioner within a period of one year from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this application stands disposed of. (S.P.Singh,J)