IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11067 of 2007 PIYUSH DVIVEDI, MD, AADRIKA FOOD PRODUCTS, HIG 57 (DOUBLE STOREY) NEAR CTI CROSSING, RTANLAL NAGAR, KANPUR-27. VERSUS 1. STATE OF BIHAR & 2. DHARMENDRA KUMAR, BARDIH, POLICE STATION ISHLAMPUR, NALANDA/ M/S BANDANA AGENCY/TYRES, PATNA GAYA ROAD, JEHANABAD. ----------- 9. 23.04.2010. Heard learned counsel for the parties. The petitioner has come to this Court for quashing order taking cognizance dated 31.1.2006 under section 406 I.P.C. and 138 of the Negotiable Instrument Act, passed by the Judicial Magistrate, Ist class, Jehanabad in Compliant case no. 452 of 2005. In the instant case, as the petitioner was ready to pay the amount of bounced cheques, this Court on 24.7.2007, while staying further proceedings in Complaint case no. 452 of 2005 pending in the court of Judicial Magistrate, 1st class, Jehanabad issued notice to complainant/Opp. party no. 2 who has appeared through his counsel. It appears on 16.5.2008 & 7.4.2009 indulgence were granted to the petitioner for payment of cheques amount. Further on 25.3.2010 this Court observed that petitioner is expected to come with bank draft of Rs. 4,94,978/- on 16.4.2010. Petitioner has come out with a draft of Rs.25,000/- drawn on ICICI bank bearing no. 003814 dated 13.4.2010 in favour of Opp. party no.2. The aforesaid bank draft is given to Mr. Ajay Kumar, learned counsel appearing for Opp.party no. 2. He submits that the petitioner ought to have paid the entire amount. - 2 - Learned counsel for the petitioner submits that he would pay the complainant rest amount within a period of four months from today. In the circumstances, this Court passes following order:- (i) No coercive steps would be taken against the petitioner in Complaint case no. 452 of 2005 pending in the court of Judicial Magistrate, 1st class, Jehanabad for four months. (ii) In the meantime, he would deposit the aforesaid amount either in lump sum or in installments in the learned court below. (iii) In case, such money is deposited, the same would be given to Opp.party no.2 as above for his use. (iv) In case, aforesaid amount is not deposited within the time frame, learned Magistrate would proceed in the matter in accordance with law. However, in case the learned Magistrate is satisfied regarding bona fide of the petitioner, he may allow him one more indulgence for depositing the amount in question extending the period by a maximum of three weeks. Shashi. (Samarendra Pratap Singh,J.)