Sansar Chand Katoch v. The State of Bihar

Heard the parties. The petitioner apprehends arrest in relation to Complaint Case No.676/C/2011 in relation to 406 of the Indian Penal Code and Section-138 of the Negotiable Instruments Act, pending before the Judicial Magistrate 1stClass, Patna. The allegation is that the petitioner gave a cheque for diesel purchased over a period for his vehicles. Diesel was made available at Delhi and petitioner is a resident of Delhi. The cheque was deposited at Patna which was dishonoured because of inadequate funds. Learned counsel for the petitioner submits that petitioner had given this blank cheque as security. For each consignment for which truck used to credit on returned fair the amount used to be paid. The security was encashed only if the payment was not paid Patna High Court Cr.Misc. No.41590 of 2012 (04) dt.09-10-2013 as per the agreement. He further points out that in the statement filed along with the complaint it would be seen that it has been shown that petitioner’s vehicle has been purchasing diesel in huge quantities, i.e., 800, 900 & 1000 liters on every other day which is not possible because if one truck takes 900 liters it would travel at least 2000 Kms. before refilling and that could not be on the next day. Be that as it may, in the event of arrest or surrender within eight weeks from today, the petitioner, namely, Sansar Chand Katoch, shall be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate 1stClass, Patna in connection with Complaint Case No.676/C/2011, subject to all conditions as laid down in Section-438(2) of the Criminal Procedure Code. Trivedi/- (Navaniti Prasad Singh, J.)