SANDIP MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is challenging the order dated 3rd April, 2012 passed by Judicial Magistrate 1st Class, Patna in Complaint Case No. 2661(C)/2011 by which the court below has refused to grant the benefit of exemption from the personal appearance as provided under Section 205 of the Criminal Procedure Code (hereinafter, in short, referred to as the "Code").

(2.) In the complaint petition allegation has been made that the accused Nos. 2 and 3 approached the petitioner to open a showroom of TNG. Under the memorandum of understanding executed between the parties, the complainant gave Rs. 10,000,00/- (ten lakhs) as a security money. On the basis of giving false assurance with dishonest intention the accused obtained three cheques of Rs. 2,50,000/- (two lakhs and fifty thousand) each with the assurance that in case of necessity, the accused persons returned the cheque and made a request to the complainant to put the date so that they can adjust the amount at the time of final settlement.

(3.) It has been alleged that according to memorandum of understanding locking period of the same was three years and the maximum period of memorandum of understanding was nine years.