RENU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application u/s. 482 of the Code of Criminal Procedure is for quashing the entire criminal proceeding including the order dated 2.12.2004 passed by Sri Aditya Kumar Trivedi, VIIIth Additional Sessions Judge, Gaya, in Criminal Revision No. 13 of 2004/42 of 2004, by which he has affirmed the order taking cognizance dated 21.1.2002 passed by Sri I.C. Chaturvedi, Judicial Magistrate, 1st Class, Gaya, in Complaint Case No. 1194 of 2001.

(2.) IT appears that one Mantu Kumar a practicing Lawyer at Gaya Civil Court filed the aforesaid complaint inter alia alleging that on 30.5.2000 a Motor Accident Claim Case No.33 of 2000 was filed on behalf of accused No.1 (Renu Singh) and two others against United India Insurance Company Ltd. on account of accidental death of Arvind Kumar, husband of the accused No.1. It is said that since accused No.1 along with accused No.2 had shown their inability to pay Court fees as also the fees of the Senior and Junior Counsels and other day to day expenses, it was agreed between the complainant and the accused that the entire expenses of the claim case till its disposal would be borne by the complainant and after disposal of the case the accused No.1 will pay Rs. 20,000.00 to the complainant.

(3.) IT is also said that under the aforesaid terms and conditions agreed to between the complainant and the accused, the accused issued a cheque of Rs. 20,000.00 which was dis -honoured due to instruction of the drawer as also due to insufficient funds in the account. It is further said that even after repeated requests, the accused persons failed to pay the aforesaid amount to the complainant. Accordingly, the instant complaint case was filed for offences under Ss. 420 and 120 - B of the Indian Penal Code and 138 of Negotiable Instrument Act. (hereinafter referred to as "N.I. Act").