BILAL KHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This application preferred under Sec. 482 Cr.P.C. directed against the order dtd. 7/9/2022, passed by learned Chief Judicial Magistrate, Almora in Criminal Complaint Case No.319 of 2022, Brij Mohan Tiwari vs. Bilal Khan and another and the order dtd. 23/2/2022, passed by learned Chief Judicial Magistrate, Almora in Misc. Application No.66 of 2019, pending in the court of learned Chief Judicial Magistrate, Almora.

(3.) Facts in nutshell are that respondent no.2 herein preferred an application under Sec. 156(3) Cr.P.C. against five persons including the applicant stating therein that on the assurance of the applicant for providing him a loan, he gave two photographs and one ten rupees Non-Judicial Stamp, copy of Aadhar Card and two bank cheques to applicant. The applicant assured the respondent no.2 that he would get him sanction the loan. Believing on such assurance, on 9/4/2019, aforesaid documents were given by respondent no.2 to the applicant. However, for a long period of time, no loan could be provided. After some period, accused no.4, namely, Shyam Sharma came to him and informed that accused nos.1, 2, 3 and 5, named in the compliant, entered an amount of Rs.2,30,000.00 in the bank cheques given by respondent no.2 to the applicant; the said cheques were mortgaged to respondent no.4 and respondent no.4 asked the applicant to make him payment of Rs.2,30,000.00 else he would file complaint under the provisions of Negotiable Instruments Act in the court of Magistrate at Haldwani. On 12/7/2019, accused no.1 and 3 admitted the occurrence and requested some time to give him back his bank cheques by 15/9/2019, but till the date of filing the complaint, no money was returned to the respondent no.2 nor any loan was sanctioned.