AMIT KUMAR NIRALA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for O.P. No. 2 as well as learned Additional public prosecutor.

(2.) The instant prosecution has been launched on account of non-honouring of a cheque issued by petitioner No. 1 Amit Kumar Nirala @ Amit Kumar for purchase of scientific equipments from O.P. No. 2/complainant and further, the cheque issued by petitioner No. 1 bounced for which notice was given to the petitioner No. 1 Amit Kumar Nirala @ Amit Kumar and as, out of statutory period, the amount was not paid, the instant complaint has been filed. The learned Magistrate, initiated an inquiry under Sec. 202 of the Crimial P.C. and after completing the same, vide order dated 01.9.2012 passed in Complaint Case No. 2074 of 2011 (Trial No. 4759 of 2012), cognizance of an offence punishable under sections 420, 120B of the Indian Penal Code and Sec. 138 of N.I. Act has been taken. Simultaneously, all the petitioners have been summoned to face trial.

(3.) Before adverting to the merit of the case, it is apparent that the case of petitioner Nos. 2 and 3 are quite distinguishable in the background of the fact that apart from suffering, complaint petition under vagueness, their complicity is further, been negatived by Annexure-8, an advocate notice served by the O.P. No. 2 upon petitioner no. 1 Amit Kumar Nirala @ Amit Kumar where-from, more particularly, paragraph No. 2, it is apparent that complainant/O.P. No. 2 had confined presence of petitioner No. 1 Amit Kumar only at his shop and further he alone had received the scientific equipments as well as handed over the cash appertaining to Rs. 50,000.00 and has issued cheque for the remaining which, bounced.