RAM BRIKSH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing of order dated 28.11.2006 passed by the Additional Sessions Judge, Fast Track Court II, Katihar in Cr. Revision No. 18 of 2005 as well as order dated 17.12.2004 passed by Judicial Magistrate 1st Class, Katihar in C.A. Case No. 1073 of 1992. By order dated 17.12.2004 learned Magistrate has allowed the application of the prosecution for framing of additional charge and has framed charges against the petitioner under sections 406 and 420 of the Indian Penal Code in addition to the charge under section 138 of the Negotiable Instruments Act for which petitioner was already facing trial. Against the said order, petitioner preferred revision application which was dismissed by order dated 28.11.2006 as aforesaid.

(2.) The prosecution case as made out in the complaint, in nutshell, is that the petitioner had approached the complainant for a loan of Rs. 50,000/-which was paid by the complainant to the petitioner. However, said loan amount of Rs. 50,000/- was not returned by the petitioner accused in time in spite of repeated requests by the complainant-opposite party. Upon much insistence, petitioner gave a cheque dated 1.10.1992 of the amount to the complainant. The complainant presented the cheque in the Bank on 28.10.1992. However, the same was returned by the Bank with a report that the accused petitioner had already closed the account on 8.7.1992. Thereafter, the complainant got a notice served on the accused petitioner alleging criminal breach of trust, forgery etc. and then filed the complaint.

(3.) After filing of the complaint petition, statement of the complainant was recorded on solemn affirmation and the learned Chief Judicial Magistrate, Katihar took cognizance of the offence under section 138 of the Negotiable Instruments Act and the case was transferred to the Court of Judicial Magistrate 1st Class for trial and disposal.