USHA KIRAN Vs. STATE OF M.P.

JUDGEMENT

(1.) ''Heard.

(2.) RESPONDENT No. 2 has filed a complaint against the petitioners for offences under Sections 420, 422, 424 and 120 -B IPC against the petitioners in the court of J.M.F.C. alleging therein that petitioners had gone to the business place of complainant on 18 -3 -2001. Petitioner No. 2 told complainant that he is in dire need of Rs. 80,000/ - and he will return the amount by 15 -5 -2001. Complainant told him that he is not in a position to give him loan upto 31st March 2001. Petitioners told complainant that postdated cheque of First week of April be issued in the name of petitioner No. 2 and for security of loan petitioners will execute promissory note in favour of complainant and postdated cheque dated 15 -5 -2001 for the amount of loan in the name of complainant will be given. Complainant was assured by the petitioners that the said promissory note and cheque will be signed and handed over to the complainant on or before 2nd April 2001. Petitioners assured that without executing promissory note and issuing the cheque for refund of the amount cheque given by complainant will not be encashed from the bank. Believing the petitioners, a post dated cheque in the name of petitioner No. 2 amounting to Rs. 80,000/ - dated 2 -4 -2001 drawn on District Co -operative Central Bank Ltd. Gwalior signed by complainant was handed over to the petitioners on 18 -3 -2001. When petitioners had not executed the promissory note and has not given him cheque of refund of consideration, he stopped the payment by informing the bank. Complainant contended that with an intention to cause monitory loss fraud has been played by the petitioners and prayed that offence under Section 420, 422, 424/34 and 120 -B be registered against the petitioners and petitioners be punished.

(3.) PETITION succeeds and is allowed. Petition allowed. *******