TRILOKI PRASAD SINGH @ TRILOKI PRASAD SON OF LATE RAJESHWAR PRASAD SINGH Vs. STATE OF BIHAR AND SHRIKANT SHARMA SON OF NANDDEO SHARMA

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 14.9.1999 passed by Shri Panchanand Sharma, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 903C of 1999. By the said order, the learned Magistrate has taken cognizance of offence under Sections 406 and 420 of the Indian Penal Code and 138 of the Negotiable Instrument Act (hereinafter referred to as "the N.I. Act").

(2.) Short fact of the case is that Opp. Party No. 2 filed a complaint vide Complaint Case No. 903C of 1999 disclosing therein that he was having good relation with the petitioner and he had given Rs. 3 lacs to the petitioner in the month of October, 1998 on an assurance that the petitioner will refund the amount to the complainant. However, on 30.11.1998 the petitioner gave a cheque for Rs. 1,50,000/-with a request to present the said cheque in the month of May, 1999. It was further disclosed in the complaint petition that the petitioner had given assurance regarding refund of the remaining amount of Rs. 1,50,000/-very soon. It was alleged that on 6.5.1999 the complainant presented the cheque in the Central Bank of India, Birla Mandir Branch. However, the same was dishonoured on 29.5.1999 and the complainant received information from the Bank on 1.6.1999. It was further asserted in the complaint petition that immediately within a period of fifteen days i.e. on 8.6.1999 the complainant sent a notice through an advocate to the petitioner by registered post and even after expiry period of one month from the issuance of registered notice, neither the petitioner gave any reply nor the registered notice was returned. Accordingly, the complaint petition was filed. After filing of the complaint petition, the complainant was examined on S.A. and the case was transferred to the court of Shri Panchanand Sharma, Judicial Magistrate, 1st Class under Section 192(1) of the Code of Criminal Procedure for enquiry and disposal and the learned Magistrate vide its order dated 14.9.1999 after conducting enquiry took cognizance of offence under Sections 406 and 420 of the Indian Penal Code and Section 138 of the N.I. Act.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition.