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Jharkhand High Court
Suraj Viswakarma & Anr vs State Of Jharkhand on 12 October, 2011

                                   A.B.A. No. 2856 of 2011
              1. Suraj Viswakarma
              2. Manoj Kumar Sharma                            ...    ......      Petitioners

              The State of Jharkhand              ....   ...   ....   ...         Opp. Party

              CORAM:         HON'BLE MR. JUSTICE D.N. UPADHYAY
              For the Petitioners      :      Mr. Ananda Sen, Advocate
              For the Opp. Party       :      A.P.P.
              For the Complainant      :      Mr. Manish Kumar, Advocate

04     /12.10.2011

Heard 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)

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