GOVIND SHARDA AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri G.RBimal, learned counsel appearing the petitioners in both the petitions and also heard the learned A.P.P. for the State.

(2.) The two petitions arise out of Complaint Petition No.469(C)of 2001 upon which the order summoning the accused persons for committing offences under Sections 323, 379 and 427 of the IPC was passed by the Judicial Magistrate, 1st Class, Patna on 6.9.2001. It is admitted in the complaint petition itself that the complainant was being prosecuted by the firm M/S S.K.G Consolidate Ltd., Fraser Road, Patna for committing offences on different dates under Section 420 IPC and Section 138 of Negotiable Instrument Act (Nl Act) as the complainant had issued a cheque to the above noted firm towards payment of an amount of Rs.5,000,00/- but that cheque bounced on account of reasons which may be available at page-24 of the present petition.

(3.) The complainant alleged that he went for settling accounts of the firm of which the present petitioner Govind Sharda was the Chairman as also with a request to withdraw the complaint petition bearing no.275(C)of 1998 as the allegations were quite false and frivolous but during that course some altercation took place and the complainant was assaulted and was also deprived of some of the properties in the manner of description as may be found at page-4 of the same.