DUSYANT KUMAR NAYAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) CR . Misc. No. 20684 of 1997 and Cr. Misc. No. 21518 of 1997 arise out of the same order and are heard together. Both the cases are disposed of by this common order. On 4.2.1998 it was ordered by another Bench of this Court in Cr. Misc. No. 21518 of 1997 that the application shall be heard alongwith Cr. Misc. No. 20684 of 1997.

(2.) CR . Misc. No, 20684 of 1997 had been filed by the petitioner Dusyant Kumar Nayak for quashing the entire criminal proceeding including the order dated 17.2.1997, whereby the learned Chief Judicial Magistrate, Muzaffarpur had taken cognizance of the case for the offences under Sections 467, 468 420 and 120 -B of the Indian Penal Code, in Complaint Case No. C1534 of 1996 / Tr. No. 663 of 1997. Cr. Misc. No. 21518 of 1997 had been filed by Tapas Kumar Bhattacharjee with the same prayer against the same order.

(3.) ACCORDING to complainant on 15.8.1995 accused Ashok Kumar had gone to the shop of the complainant and placed order for purchase of cloths and at that time he had paid Rs. 1000/ - and told to pay the remaining amount by Bank Draft. The complainant asked the accused Ashok Kumar to get the draft prepared in the name of Rajesh Trading Company, Surat as he had to make payment to Rajesh Trading Company. On 18.8.1995 accused Ashok Kumar went to the shop of the complainant and handed over Barik draft of Rs. 49,500/ - to him bearing No. MOL A/31 - 576942 which had been issued by the State Bank of India, Banaso Branch, Hazaribagh. The complainant had sent draft to Rajesh Trading Company, Surat on 18.8.1995. On 15.8.1996, the complainant received telephonic information from Rajesh Trading Company that the draft was forged and it was one of the drafts which had been looted from Banaso Branch in the year 1993.