2025:JHHC:26365 1 A.B.A. No. 4958 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4958 of 2025 ---- Santosh Kumar @ Santosh Kumar Singh aged about 46 years son of Bupendra Prasad Singh resident of Village Jogiyara PO Jogiyara PS Pratappur Dist. Chatra Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Vijay Kr. Sharma, Advocate For the State :- Mr. Rajneesh Vardhan, Advocate For the Informant : Mr. Manish Yadav, Advocate ---- 2/01.09.2025 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Pratappur PS Case No.51 of 2025, for offence registered under section 308(4), 318(4), 316(2), 351(2), 351(3) and 352 of BNS, 2023, pending in court of learned Sub Divisional Judicial Magistrate, Chatra. 3. Mr. Yadav, the learned counsel for the informant submits that he is in receipt of Vakalatnama on behalf of informant and he submits in view of that the Vakalatnama may kindly be accepted. Let the Vakalatnama be taken on record. 4. Learned counsel for the petitioner submits that petitioner and informant and one another have entered into an agreement to do construction work and pursuant thereto construction work was provided to the petitioner for construction under C.M. Gramin Sadak Yojana under Rural Engineering Department. He submits that dispute has arisen and the petitioner has issued a cheque to the informant for Rs.11,50,000/- which was dishonoured and one complaint case has been filed by the informant/ complainant being complaint case no.674 of 2025. He submits that in this background, the FIR has been lodged which is an abuse of process of law and petitioner has got no criminal antecedent as disclosed in para 15. 2025:JHHC:26365 2 A.B.A. No. 4958 of 2025 5. Learned State counsel opposes prayer and submits that allegation is made of dishonour of cheque. 6. Learned counsel for the informant has opposed the prayer and submits that informant has issued a sum of Rs.11,50,000/- and amount was sent to account of the petitioner, however, cheque was dishonoured. 7. In view of the above it transpires that matter has arisen out of dishonour of cheque and rightly the complaint case has been filed and it has been pointed out that petitioner has received notice under section 35(3) BNSS, 2023 and in that view of the matter, petitioner above named is directed to surrender before learned court within two weeks from today and learned court shall release petitioner, above named, on such terms and conditions as well as sureties as learned court may deem fit and proper. 8. This petition is disposed of. ( Sanjay Kumar Dwivedi, J.) SI/