CHANDRABHUSHAN PRASAD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Additional Public Prosecutor for the State. None appeared on behalf of the opposite party No. 2 in spite of earlier appearance by filing Vakalatnama and display of name of learned Counsel in the daily list.

(2.) This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 9.1.2004 passed in Trial No. 455 of 2004 arising out of Complaint Case No. 1050 of 2002 by Judicial Magistrate, 1st Class, Gaya taking cognizance against the Petitioner for the offence under Sections 420, 406 & 467 of the Indian Penal Code.

(3.) Undisputedly, there was some business transaction between the Petitioner and the opposite party No. 2. There was one cheque for Rs. 2,11,000/- issued by the complainant in favour of the Petitioner with respect to the same inclusive of other transactions. There were earlier correspondences between the parties by way of legal notice and reply as mentioned in the complaint petition itself.