IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22213 of 2009 NISHANT KUMAR s/o Kamaaleshwar Prasad Singh, resident of Mohalla- P.I.T.Colony L2/31, Kankarbagh, P.S. Patrakar Nagar, Town and District-Patna, Patna-800020. Versus STATE OF BIHAR ----------- 3 23.07.2009 Petitioner apprehends his arrest in Complaint Case no. 2390 ( C ) /2008 instituted , inter alia, under Section 138 of N.I. Act. As per complaint, it is alleged that the complainant had given a friendly loan of Rs. 2,10,000/- to the petitioner for repayment whereof the petitioner had issued two cheques both of which were bounced and hence the prosecution. Petitioner submits that , in fact, the cheques were not for discharge of any liability but they were blank cheques given to be utilized for payment of partnership due as the petitioner and the complainant were partners in a joint entrepreneurship. The complainant has misused and misutilized the cheques. Be that as it may, prima facie, there being a presumption in law with regard to discharge of liability at this state cannot be gone into as defence or questioned. Petitioner without prejudice to his right and defence undertakes to deposit a sum total of two cheques in the court below which the complainant would be at liberty to withdraw on a written undertaking covered by an affidavit that in case decision is held against the complainant, he would be obliged to pay back the sum to the petitioner through the Court within one month of the said decision and/ or order , as the case may be. Petitioner would first deposit a sum of Rs. 40,000/- and 2 on such deposit before the Court below, above named petitioner would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Umesh Kumar, J.M., 1st Class, Patna in Complaint Case no. 2390 ( C ) /2008, subject to the conditions as laid down u/s 438(2) Cr.P.C. as also to continue to deposit Rs. 40,000/- every thirty (30) days from the date of first deposit till the two cheques amounts are paid. SINGH (Navaniti Prasad Singh, J.)