Allowed

Gautam Kumar v. The State Of Bihar and Anr.

Patna HC21 Jan 2019CR. MISC./2564/2019

Case brief

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What is this about?

in Criminal Miscellaneous No. 2564 of 2019, the Patna High Court was presented with a bail petition in a case involving cheque dishonour under the Negotiable Instruments Act and cheating under the IPC. The court observed that the petitioner returned the borrowed amount despite cheques being dishonoured. Enlarging the petitioner on bail was ordered.

What did the court decide?

The petitioner was enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the same amount to be surrendered before the Court below within four weeks.

Gautam Kumar Vs The State Of Bihar and Anr. — Cheque Dishonour | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2564 of 2019

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Arising Out of PS. Case No.-782 Year-2016 Thana- COMPLAINT CASE District- Jamui

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======================================================

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Gautam Kumar, Son of Late Budhinath Singh, Proprietor Sanjay Shiksha Mandir, Jamui Near Registrar Office, Jamui, PS Jamui, District Jamui.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Mithilesh Kumar Singh, Son of Late Mauleshri Singh resident of village Malaypur (Tola Nagdewa), P.S.- Malaypur, District Jamui.

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... ... Opposite Party/s

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======================================================

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Appearance : For the Petitioner/s : Mr.Pankaj Kumar Sinha For the Opposite Party/s : Mr.Chandra Bhushan Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 21-01-2019

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Heard both sides.

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Petitioner apprehends his arrest in Complaint Case No.782C of 2016 for the offences allegedly committed by the petitioner under Section 138 of the N.I. Act and under Section 420 of the Indian Penal Code.

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Learned counsel for the petitioner submits that the complainant made allegation that the petitioner borrowed Rs.8,35,000/- and in lieu thereof issued cheques of Rs.3,10,000/- and Rs.2,15,000/- but both the cheques were dishonoured.

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Learned counsel for the petitioner submits that in fact the petitioner returned the entire amount but later on the complainant who had taken cheques as security presented the

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Patna High Court Cr.Misc. No.2564 of 2019(2) dt.21-01-2019 2/2

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cheques without informing the complainant. The petitioner and complainant are contractor. They are on lending and borrowing terms.

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Considering the facts aforesaid and nature of allegation made against the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Jamui in connection with Complaint Case No.782C of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

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(Prabhat Kumar Jha, J)

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S.KUMAR/-

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U T

Gautam Kumar v. The State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Gautam Kumar v. The State Of Bihar and Anr.

Case brief

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