OBUK MIZE Vs. STATE OF A. P.

JUDGEMENT

(1.) Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State Arunachal Pradesh and Mr. G. Taloh, learned counsel for the respondent No. 2.

(2.) This is an application under Sec. 482 of Cr.P.C. r/w Sec. 226 of Constitution of India for quashing of order dtd. 16/6/2023 passed by the learned CJM, Yupia in G.R.Case No. 477/2021(corresponding to Naharlagun P.S. Case No.95/2021) under Sec. 465/193 IPC.

(3.) The case of the petitioner is that he had taken a loan of Rs.5,00,000.00(Rupees five lakhs) only from the respondent No.2 on 14/9/2015 for a period of three months at an interest @ 8% per month. In this regard, a money receipt was executed by the petitioner on 14/9/2015. After the expiry of three months, the petitioner offered to return an amount to Rs.6,20,000.00 to the respondent No.2 who refused to accept the said amount demanding an additional amount of Rs.40,000.00. Subsequently, the petitioner had received a notice from the counsel of respondent No. 2 demanding Rs.5,00,000.00 with agreed interest from the petitioner. On inquiry, the respondent No.2 intimated the petitioner that he had to pay Rs.7,00,000.00which would include interest of Rs.2,00,000.00. Subsequently, the petitioner on 8/6/2018 issued a cheque of Rs.7,00,000.00 in favor of the respondent No.2 being cheque No. 620361 of State Bank of India, Itanagar Branch and the said cheque was handed over to one Mr. Tabit Tapak, advocate, who was acting as a mediator between the parties and Mr. Tabit Tapak had also executed a money receipt as a mark of acknowledgment of the receipt of the cheque in question.