BHUPEN KSHETRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 20.5.2003 passed by Sri R.P. Asthana, Judicial Magistrate, 1st Class, Muzaffarpur in Complaint Case No. 512/2003 whereunder he had directed to issue summons against the petitioners and other accused persons to face trial under Sections 406 and 420/34 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

(2.) Heard both the parties.

(3.) The case of the complainant (O. P. No.2) in nut-shell is that he is a businessman and the petitioner and other accused persons are partners of M/s. Shyam Talkies a partnership firm. There, appears to be transaction with him and the management of the firm. Petitioner No. 1 who was the Chief Manager and also represents the other partners on 30.4.2002 took loan of Rs. 50,000 from him. Again, on 21.7.2002 he requested for Rs. 1,00,000. On this he replied that already Rs. 50,000 was due. However, he paid Rs. 1,00,000 to him. Petitioner No. 1 gave him two cheques, cheque No. 0379641 dated 23,8.2002 for Rs. 1,00,000 and cheque No. 0379840 dated 25.8.2002 for Rs. 50,000 with an instruction to encash them within four months. On 7.1.2003 he deposited the cheques in his savings account of U.B.I. Muzaffarpur. On 8.1.2003 he got information that the cheques were dishonoured for "insufficient fund." On 1.2.2003 he sent lawyers notice. On 7.3.2003 the petitioners sent reply and instead of making payment, threatened him. The complainant, hence, filed the complaint.