Jharkhand High Court
Mithun Kumar vs The State Of Jharkhand on 30 September, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 233 of 2024
Mithun Kumar, aged about 33 years, son of Ram Mahto, Resident of
Mishan Chowk, Ward No.-19, Lohardaga, P.O.-Lohardaga, P.S.
Lohardaga, District Lohardaga
...... Appellant
Versus
1. The State of Jharkhand
2. Vikash Kumar, Son of Ramji Singh, Resident of village-Dubey
Colony, Lohardaga, P.O. Lohardaga, P.S. Lohardaga, District
Lohardaga ......Respondent
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CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Petitioner : Mr. Nawin Kumar, Advocate
For the State : Mrs. Ruby Pandey, APP
For the Informant : Mr. Suraj Singh, Advocate
.....
Order No.07/ Dated:30.09.2024
Learned counsel for the petitioner as well as counsel for the State are
present.
The present interlocutory application is being filed by the petitioner
for grant of privilege of bail in connection with Complaint Case No.-39
of 2022, (T.R. No.-749 of 2023) and in connection with Judgment dated
17.05.2023 the same has been upheld by learned Additional Sessions
Judge-I, Lohardaga in Cr. Appeal No.-40 of 2023 vide Judgment dated-
06.12.2023.
The complainant story in brevity, is that on a good faith, the
complainant had provided friendly loan sum of Rs. 17,00,000/- to the
accused/appellant. It is to be enumerated that on 22.09.2021 and
18.12.2021, accused with a view to discharge his liability, handed over
two cheques bearing no. 000008 dated 22.09.2021 of Rs. 5,00,000/-of
UCO Bank, Lohardaga of Account number 2440110061572 and cheque
bearing no. 029927 dated 28.12.2021 of Rs. 12,00,000/- of Bank of India,
Lohardaga of account number 496830110000125 to
complainant/respondent. The complainant had presented the
aforementioned cheques for clearance with his banker for encashment but
the said cheques were dishonored with an endorsement "Funds
Insufficient". This fact was communicated to the complainant by his
banker vide cheque return memo dated 20.12.2021 and 28.12.2021.
Thereafter, complainant sent legal notice dated 29.12.2021 which was
sent by speed post to accused as envisaged under section 138(b) of
Negotiable Instrument Act. After receiving the said legal notice, the
accused did not pay cheque amount. Thereafter, complainant/respondent
no. 2 filed the complaint petition U/s 138 of the Negotiable Instruments
Act.
Learned counsel for the petitioner has submitted that petitioner has
surrendered on 29.07.2024, thereafter, he is languishing in jail for about
two months. It is admitted case that two cheques of Rs.5,00,000/- (Five
lacs) and Rs. 12,00,000(Twelve Lacs) were issued by the petitioner,
therefore, the disputed amount between petitioner and opposite party no.2
is to the tune of Rs. 17,00,000/- (Seventeen Lacs Rupees). Demand dreaft
is made out in the name of opposite party, no. 2 Vikash Kumar, Son of
Ramji Singh.
Learned counsel for the opposite parties has however opposed the
amount involved and submitted that his conviction is of two consecutives
court and as per the two courts below the involved compensation amount
is of Rs. 18,000,00/-(Eighteen Lacs).
Having heard both counsel, noted his submissions and also his
proposal to pay Rs.5,00,000/-(Five lacs) within a month after release, I
am inclined to grant provisional bail to the petitioner for a period of one
month from the date of his release i.e. 29.10.2024 on executing the bail
bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Lohardaga.
If the petitioner does not pay the amount of Rs, 5,000,00/- (Rs. Five
Lacs) within thirty days from the date of his release then his provisional
bail shall stand automatically cancelled and the learned court below will
take steps for his apprehension of arrest. In case, he pay the amount of
Rs. 5,000,00/-(Rs. Five Lacs) after due verification and identification to
the opposite party no.2 by the learned court below, then this provisional
bail will remain absolute.
Accordingly, in the aforesaid terms I.A. No. 10779 of 2024 stands
disposed of.
Heard.
Admit.
Call for the LCR.
Put up after six weeks.
Let a copy of this Order be sent to the court below through FAX.
(Ratnaker Bhengra, J.)
R.K/
