MAHESH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three petitions arise out of the common order dated 15th January 2003 of the learned Judicial Magistrate, 1st Class, Hajipur passed in Complaint Case No. 2815 of 2002 whereby cognizance of the offences under Sections 420 and 406 of the Indian Penal Code has been taken against the petitioners who are Officials of the Bihar State Credit and investment Corporation Ltd. (hereinafter, in short, referred to as "BICICO").

(2.) THE O.R No. 2 Brajeshwar Prasad, one of the directors of Sunil Polyplast Ltd., Hajipur, filed complaint against the petitioners with this allegation that a dispute was going on between Sunil Polyplast Ltd. and BICICO and a Title Suit No. 456 of 1994 in the Court of Subordinate Judge -IV Patna was pending. The further allegation was that during the pendency of the Title Suit, an understanding was arrived at between the parties that post dated cheque of Rs. 1,20,42,000.00 vide Cheque No. 508600 was paid to BICICO towards settlement of the dispute with further understanding that the cheques would be encashed only after settlement of the dispute. It was also alleged that six other cheques each for Rs. 1,00,000.00 as detailed in the complaint petition were also given to the BICICO. The complainant alleged that before settlement of the dispute, BICICO obtained payment of four cheques, each of Rs. 1,00,000.00 totalling for Rs. 4,00,000.00 only. It was due to the obtaining payment of Rs. 4,00,00.00 by the BICICO that the complainant had alleged that he has been cheated and, therefore, the complaint was filed.

(3.) THE complainant says in the complaint petition that an understanding was arrived at between the parties and the post dated cheques were given on the understanding that the payment would be received only after the disputes were settled but there is nothing in writing about such agreement or understanding between the parties.