ANIL KUMAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In this application petitioner has made following prayers:-

(2.) It appears that petitioner, who is the informant of this case, lodged an F.I.R. alleging therein that he took an agency of Himtaz Herbal Company, Faridabad from accused (Pawan Kumar Pandey) in September, 2008. It is further alleged that in the month of December, 2008 Pawan Kumar Pandey suddenly stopped the business without any information. Thereafter, petitioner went to Faridabad and demanded Rs. 4,50,000/- which the petitioner deposited with the Company of Pawan Kumar Pandey. It is stated that Pawan Kumar Pandey gave two cheques of IDBI Bank bearing No. 340491 and 340492 to the petitioner. It is stated that the petitioner presented both cheques for encashment, which were dishonoured by the bank due to insufficiency of fund. It is stated that when petitioner talked to Pawan Kumar Pandey, he gave Rs. 2,00,000/- to the petitioner and said that the balance amount will be paid to him within two days. It is alleged that the rest of the amount has not been paid by the accused. Hence, the petitioner lodged the F.I.R., bearing number Namkum P.S. Case No. 91 of 2009, under Section 420 read with Section 34 of the I.P.C. and Section 138 of the Negotiable Instrument Act.

(3.) It appears that thereafter Pawan Kumar Pandey filed an application for anticipatory bail in this court vide A.B.A. No. 3904 of 2010. It is worth mentioning that the petitioner also appeared in the said anticipatory bail application and opposed the same. However, since Pawan Kumar Pandey gave an undertaking that he would deposit Rs. 2,50,000/- in the court below, subject to the result of the case, this Court vide order dated 23.03.2011 granted bail to the accused (Pawan Kumar Pandey), subject to the condition that Pawan Kumar Pandey will deposit Rs. 2,50,000/- in the court below. The court below was further directed to pay the aforesaid amount of Rs. 2,50,000/- to the accused (Pawan Kumar Pandey) if he will be acquitted from the charges levelled against him or to informant (this petitioner) if Pawan Kumar Pandey will be convicted. It appears that in compliance of aforesaid order dated 23.03.2011 passed in A.B.A. No. 3904 of 2010, the accused (Pawan Kumar Pandey) surrendered in the court below and took bail after depositing Rs. 2,50,000/-.