AMIT KUMAR, S/O LATE JITENDRA KUMAR, P S BAHADURPU Vs. STATE OF BIHAR THROUGH ITS PRINCIPAL SECRETARY FIN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel No. 22 for the State.

(2.) The petitioner has moved this court challenging the institution of the First Information Report (in short the "F.I.R.") being Sheikhpura P.S. Case No. 190/2017 registered on 10.05.2017 under Section 409 of the Indian Penal Code at the instance of one Gyan Prakash Nazarat, Deputy Collector, Sheikhpura (respondent no. 2) . The respondent no. 2 is also represented by learned Standing Counsel No. 2

(3.) A perusal of the F.I.R., as contained in Annexure-1 to the writ application, would show that the allegation against the petitioner is that he, being an employee of the HDFC Bank at Sheikhpura, had failed to honour the cheque of Rs. 5,00, 000/- issued favour of one Sunita Devi, a widow of Martyr Ranjit Kumar. It is alleged that on the said date sufficient balance was there in the account of the respondent no. 2, however when the cheque was presented, the same was dishonoured.