MEERA TRIPATHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel, appearing for opposite party No. 2.

(2.) This petition has been filed to quash the order dated 02-02- 2013 passed by learned Judicial Magistrate-Ist Class, Patna in Complaint Case No. 731(C) of 2010 by which, the learned Magistrate has rejected the discharge petition filed by the petitioner under Section-245 of the Cr.P.C.

(3.) As per allegation in the complaint petition, the complainant had given Rs. 60,000/- (sixty thousand) to the petitioner on the occasion of treatment of her son Ravindra Nath Tripathi and grand son Akash Tripathi with assurance that the petitioner will return the amount within six to twelve months. It is further alleged that when the complainant demanded his money, the petitioner issued a cheque of State Bank of India bearing Cheque No. 223573 for an amount of Rs. 60,000/- in favour of the complainant. The complainant deposited the cheque in his account in Canara Bank for realization of the amount, but the same was returned by the bank with endorsement "insufficient fund". Thereafter, the complainant made several request with the petitioner to make payment of the amount, but he did not make payment. The complainant filed the present complaint and cognizance has been taken in the case for the offence under Section-406 of the Indian Penal Code and 138 of N.I. Act.