GAUTAM KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Prabhat Ranjan Singh, learned counsel for the petitioners and Mr. Rajesh Kumar Sinha, learned counsel for the opposite party no. 2 and Mr. Akhileshwar Dayal, learned A.P.P. for the State.

(2.) Petitioners, in this case, are aggrieved by and dissatisfied with the order dtd. 23/6/2018 passed in Cr. Rev. No. 10/2018 by learned 1st Additional District and Sessions Judge, Jamui wherby and whereunder he has been pleased to set-aside the order taking cognizance and issuance of summons passed by learned Judicial Magistrate, 1st Class, Jamui in Complaint Case No. 1616C/2017, further held that a prima-facie case u/s 406, 420, 120B, 323, 217, 504/34 of the Indian Penal Code and Sec. 138 of N.I. Act is made out against all the four persons/accused named in the complaint petition and accordingly directed the learned Judicial Magistrate, 1st Class, Jamui to pass a fresh order in accordance with law in the light of the facts stated in the order of learned A.D.J.-I, Jamui.

(3.) The brief facts of the case are as under:- (1) The Complainant ' opposite party no. 2 filed the aforesaid complaint case in the court of learned Chief Judicial Magistrate, Jamui. The same was transferred under Sec. 192(1) Cr.P.C. to the court of learned Judicial Magistrate, 1st Class where the complainant examined himself and altogether four witnesses deposed in course of inquiry under Sec. 202 Cr.P.C.