RAM NARESH THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioners, the State and the learned Counsel appearing on behalf of opposite party No. 2.

(2.) The petitioners seek quashing of the FIR registered as Hajipur Sadar P.S. Case No. 275 of 2002 under Sections 420 and 406 read with Section 34 of the Penal Code and Section 138 of the Negotiable Instruments Act.

(3.) Having considered the submission made on behalf of the petitioners and the allegations as made out in the original complaint subsequently sent for investigation under Section 156(3) of the Cr.P.C. this Court finds substance in the contention of the petitioner that very basic ingredients to allege offence under Section 138 of the N.I. Act would not be recited in the complaint which has been sent for investigation. There would be no numbers of cheques in question, dates of their presentation in Bank and the date on which the same were dishonoured. No notice would have been served within the statutory time for non-payment by the concerned petitioner.