LAWS(PAT)-2012-3-103

SEEMA RANI CHOUDHARY Vs. STATE OF BIHAR

Decided On March 02, 2012
SEEMA RANI CHOUDHARY Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This petition under Section-482 of the Cr.P.C. has been filed on behalf of the petitioner, Seema Rani Choudhary, who is an accused in Kotwali P.S. Case No. 26 of 2009 registered under Sections-406, 420, 467, 468, 471, 120B of the Indian Penal Code, for quashing the order dated 25-08- 2010 passed by learned Judicial Magistrate-Ist Class, Patna.

(2.) I have already heard all the concerned parties and with consent of them, this petition is being disposed of at the stage of admission itself.

(3.) The facts giving rise to this quashing petition; are that Opposite Party No. 2, namely, Mohan Kumar Khandelwal gave a written report to officer-in-charge of Kotwali Police Station, Patna alleging therein that on 20-01-2009, a cheque issued by him in favour of Maa Kamakhya Fuel Centre, Naugachia, was dishonoured on account of insufficient money in his account and, thereafter, he contacted the concerned bank and, then it was detected that Rs 1,00,24,000/- was withdrawn from his account by using his old cheques. It was also detected that four cheques/drafts amounting to Rs 39,96,000/- had been deposited in the accounts of one, Heeranand Jha and Babita Jha and the aforesaid amount was withdrawn by the aforesaid persons on 17-01-2009. He further alleged in his petition that his one staff namely, Paramhans Pandey in connivance with some other persons committed the above-said crime.