RAM SINGHASHAN BACHHI SANJEEV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Five Petitioners , while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of entire criminal proceeding in Complaint Case No. 755 ( C) of 2003 including the order dated 31.5.2003, whereby Sri Manoj Kumar Singh, learned Judicial Magistrate, 1st Class, Patna has taken cognizance of offence under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act ( hereinafter referred to as the "N.I. Act") in Complaint Case No. 755 ( C) of 2003.

(2.) Short fact of the case is that Opp. Party No. 2 filed a complaint in the court of learned Chief Judicial Magistrate, Patna vide Complaint Case No. 755 (C) of 2003 alleging therein that the Petitioner had committed offences under Sections 406,420, 120B of the Indian Penal Code and Section 138 of the N.I. Act. It was disclosed by the complainant that he had announced for sale of his land situated in East Champaran. Thereafter, accused persons approached the complainant for purchasing the land. Accused persons after full satisfaction agreed to purchase the land of the complainant and, accordingly, a sale deed was executed. It was alleged that after execution of the sale deed and completion of other formalities, the purchaser (accused No. 1 in the complaint) handed over a cheque for Rs. 3 Lacs to the complainant as payment required according to the sale deed in presence of witnesses. It was also alleged that accused persons thereafter got the possession over the land as disclosed in the sale deed after its registration. The said cheque was presented in Union Bank of India for its payment. However, the same was returned on 3.1.2003 along with Bank Slip issued by the Manager of the Bank dated 18.2.2003 and said dishonoured cheque along with the Banker Slip was received by the complainant on 24.2.2003. It was noticed that the Bank had given a note "PAYMENT STOPPED BY THE DRAWER". It has been disclosed in the complaint that within time registered notice was sent to the accused persons, which was also received. Despite service of notice, accused persons did not repay the cheque amount. Accordingly, the complaint was filed and after examination of the complainant on S.A. and enquiry witness, the learned Magistrate by its order dated 31.5.2003 took cognizance of offence under Section 420 of the Indian Penal Code and Section 138 of the N.I. Act.

(3.) Aggrieved with the order of cognizance, the Petitioners approached this Court by filing the present petition. On 8.4.2004, while issuing notice to Opp. Party No. 2, this Court directed that in the meantime, further proceeding in Complaint Case No. 755 ( C) of 2003 pending before Sri Manoj Kumar Singh, Judicial Magistrate, 1st Class, Patna in so far as the Petitioner Nos. 2,3,4 and 5 are concerned shall remain stayed. Subsequently, the case was admitted for hearing on 17.1.2006 and it was directed that during the pendency of the application, interim order passed on 8.4.2004 shall remain operative.