Petitioner apprehended arrest in a case over an advance paid for a land sale agreement and cheques that bounced for want of funds. Counsel argued it was a civil dispute, relying on Supreme Court precedent. Considering the accusation and that she signed the dishonoured cheques, bail was refused.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18748 of 2024
Arising Out of PS. Case No.-231 Year-2021 Thana- RAGHOPUR District- Vaishali
======================================================
Sushma Sinha W/o Anil Kumar Sinha Resident of Bank Mens colony chitragupta Nagar Ps Kankarbagh Distrct Patna
... ... Petitioner
Versus
The State of Bihar
.. ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Kumar Mrityunjay Narain, Advocate For the Opposite Party/s : Mr.Yogendra Kumar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
6 06-08-2024
Heard learned counsel for the petitioner and the State.
Penal Code and section 138 of the NI Act.
Patna High Court CR. MISC. No.18748 of 2024(6) dt.06-08-2024 2/3
not deposited in the bank within stipulated time and the cheques lost their value. It is further alleged that the petitioner is said to have given five more cheques of Rs 12,92,000 to the informant which was bounced thereafter the petitioner transferred Rs 25,000 in the bank of the informant but he refused to return the rest amount.
Patna High Court CR. MISC. No.18748 of 2024(6) dt.06-08-2024 3/3
bank account, as such, he cannot escape the responsibility.
petitioner is signatory of the cheques which have bounced due to paucity of fund in the bank account, prayer for bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashi/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to a petitioner who is a signatory of cheques that bounced due to paucity of funds in a dispute over an advance for sale of land.
3 provisions across 2 enactments
Sushma Sinha
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
