ARUN KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Vijay Shankar Shrivastava, learned counsel for the petitioners, Mr. Sangeet Deokuliar, learned counsel for opposite party No. 2 and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State.

(2.) THE petitioners seek quashing of the order dated 22.04.2008 passed by the learned Chief Judicial Magistrate, Motihari, East Champaran in Complaint Case No. C -1914 of 2007, whereby cognizance has been taken under Sections 406, 420, 504, 506 and 120B of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

(3.) LEARNED counsel for the petitioners, at this stage, stated that there is absolutely no statement in the complaint petition as to the payment was made by what mode and against which property. The complaint also does not state as to whose land was offered for sale and what was the quoted price. In the absence of any such categorical statement in the complaint, the allegation of the complainant having parted with such huge amount of money does not inspire confidence.