IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2856 of 2011
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1. Suraj Viswakarma
2. Manoj Kumar Sharma ... ...... Petitioners
Versus
The State of Jharkhand .... ... .... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
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For the Petitioners : Mr. Ananda Sen, Advocate
For the Opp. Party : A.P.P.
For the Complainant : Mr. Manish Kumar, Advocate
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04 /12.10.2011Heard learned counsel for the parties.
Petitioner is accused in a case registered under Sections 420/468/34 of the
Indian Penal Code.
It reveals from the complaint that one cheque leaf, belonging to complainant,
was lost somewhere and it was used by the petitioner no.2, Manoj Kumar Sharma.
It is submitted that the present complaint has been filed after a notice was
served against the complainant when the cheque issued by him got dishonored. As a
matter of fact, the complainant had taken friendly loan to the tune of Rs.4,65,000/-
and the cheque in question was given to the petitioner no.2, Manoj Kumar Sharma.
The complainant, in order to grab the money, has lodged this false case.
Learned counsel for the complainant has opposed the prayer and submitted
that the story concocted by the petitioner Manoj Kumar Sharma is pulpably false
because such amount of cash could not be given in terms of loan at a place
mentioned in the complaint.
It is apparent that after service of notice, after dishonor of the cheque, this
complaint has been filed against the petitioners.
Considering the aforesaid aspects of the matter, above named petitioners are
directed to surrender in the Court below within three weeks and on such surrender
or in the event of their arrest the petitioners shall be released on bail by the Court
below on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties
of the like amount each to the satisfaction of learned Judicial Magistrate, 1 st Class,
Jamshedpur in connection with C/1 Case No.05 of 2011 subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C.
(D.N. Upadhyay, J)
R.K.