EKANAND YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed for quashing the First Information Report, bearing Triveniganj Police Station Case No. 29 of 2019, lodged by respondent no. 3 against the petitioners, registered for the offences punishable under Ss. 420/341/323/384/379/504/506/34 of the Indian Penal Code.

(2.) The brief facts, involved in the present case, is that a cheque was issued by respondent no. 3 in favour of petitioner no. 1 towards the settlement of account/dues, which had accrued in course of business transaction between the two, The cheque issued by the respondent no. 3 got dishonoured when it was produced for its encashment before the bank due to 'insufficient fund'.

(3.) The petitioner no. 1 served legal notice to respondent no. 3 for dishonour of cheque on 28/4/2018 and thereafter lodged a complaint case, bearing Complaint Case No,. 615 of 2018 on 1/6/2018, under Sec. 138 of the Negotiable Instruments Act, 1881, and Sec. 420 of the Indian Penal Code against the respondent no. 3 before the Chief Judicial Magistrate, Deoghar, in which cognizance was taken against the respondent no.3 under Sec. 138 of the Negotiable Instruments Act, 1881, on 24/11/2018.