RAMESH CHANDRA SINHA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) No one appears on behalf of the petitioner either to press this petition or even to make a prayer for adjournment. The sole petitioner, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 28.1.1999 passed by Judicial Magistrate, Katihar in Complaint Case No.25 of 1988. By the said order the learned Magistrate had rejected the discharge petition which was filed on behalf of the petitioner. The petitioner who was Branch Manager of Krishna Credit Company Limited, Katihar Branch along with Managing Director of the said company was made accused by the complainant in Complaint Case No.25 of 1988. It was alleged in the complaint petition that the complainant was persuaded by the accused persons to deposit Rs.50/- continuously for six hundred days and thereafter he will be paid Rs.34,000/-.

(2.) It was alleged that instead of making entire payment, initially the complainant was paid Rs.11,000/-. Thereafter, after rigor persuasion the petitioner issued two cheques of Rs.11,000/- each. Subsequently, those cheques were dishonoured and thereafter the complaint petition was filed by the complainant. After filing of the complaint petition, the complainant was examined on solemn affirmation. After examining the materials on record, the learned Chief Judicial Magistrate took cognizance of the offence under section 420 of the Indian Penal Code. The case was transferred to the court of S.D.J.M., Katihar for disposal. Subsequently, by order dated 28.1.1999 charges were framed in the case and the case was fixed for evidence after the charge.

(3.) I have examined the materials available on the record and also order dated 28.1.1999. I do not find any error in the impugned order. Accordingly, I am of the view that the petitioner has got no case and the petition stands rejected.