ARYA TRADERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the respondent no. 2 as also Mr. Deepak Kumar, learned AC to GP-4 for the State in Cr.W.J.C. No. 1843/2019.

(2.) Since these two writ applications involve identical issues between same parties, learned counsel for the parties have requested this Court to hear and dispose of both the writ applications together.

(3.) This complaint case was filed by respondent no. 2 against the petitioners alleging therein that these petitioners of Cr.W.J.C. No. 1841/2019 had obtained a friendly cash loan of Rs.60.00 lakhs in lieu of giving partnership status to the respondent no. 2 in the proprietorship firm of the petitioners and they had agreed to share 14% of the profits in the business after deduction of taxes. At the same time, it is also claimed that the accused persons-petitioners agreed to repay on demand the amount. According to the complainant, in order to secure his interest the accused persons issued some post-dated cheques bearing nos. 580148 dtd. 2/11/2015 for Rs.2,50,000.00, 580149 dtd. 8/5/2017 for Rs.2,50,000.00, 580150 dtd. 2/5/2017 for Rs.5,00,000.00 and 763051 dtd. 28/3/2017 for Rs.6,00,000.00.