MANOHAR KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition has been filed under section 482 of the Cr.P.C for quashing the Complaint Case no. 500/2009 pending in the court of learned Sub divisional Judicial Magistrate, Jehanabad.

(2.) The brief fact, which lies to file this quashing petition is that opposite party no.2, namely, Kumar Niraj Singh filed complaint case bearing Complaint Case no. 500/2009 in the court of learned Chief Judicial Magistrate, Jehanabad against the petitioner alleging therein that he as well as petitioner were friends since long and petitioner assured opposite party no.2 that being owner of Tirupati Enterprises company he would provide job to him in the aforesaid company and on the basis of the aforesaid assurance he took Rs 25,000/- from him as security money and appointed him in the aforesaid company on a monthly payment of Rs 8,000/- and furthermore, petitioner also took cash in loan on time to time from opposite party no.2 with assurance that he would return the aforesaid loan within a short span of time. Furthermore, he used to return the loan amount on time to time but there was dues of Rs 49,633/- and when opposite party no.2 mounted pressure upon the petitioner to return the dues amount, petitioner issued a cheque of Rs 20,000/- on 26.12.2008 which was deposited by opposite party no.2 in the concerned bank on 10.1.2009 and, thereafter petitioner again issued a cheque of Rs 20,000/- on 27.12.2008 which was, too, deposited by opposite party no.2 on 12.1.2009 in the concerned bank but both the aforesaid cheques became bounced as there was insufficient money in the account of the petitioner. The opposite party no.2 made complain to the petitioner upon which he accepted his guilt and assured opposite party no.2 that he would issue another cheque but he did not issue any cheque in favour of opposite party no.2 and thereafter, he gave legal notice and lastly, filed above stated complaint case against the petitioner.

(3.) The aforesaid complaint was made over to learned Sub divisional Judicial Magistrate, Jehanabad under section 192 of the Cr.P.C for enquiry and disposal and subsequently, learned Sub divisional Judicial Magistrate, Jehanabad having found prima facie case under sections 406, 420 of the IPC and 138 of the N.I. Act ordered to issue summons against the petitioner for procuring his attendance to face trial.