MADHUKAR ANAND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned APP for the State.

(2.) The petitioner under section 482 of the Code of Criminal procedure, 1973 (hereinafter referred to as the Cr.P.C.) seeks quashing of the order dated 05.03.2008, passed by Sri R. Kumar, learned Judicial Magistrate, 1st Class, Patna City, Patna in C.A. No. 1052/2007, by which a prima facie case under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) has been found to be true and summons have been issued to the petitioner and two other co-accused persons after enquiry under Section 202 Cr.P.C., 1973

(3.) The facts of the case is that the opposite party no. 2, Kumar Anand Ranjan, filed C.A. No. 1052 of 2007 in the court of the Additional Chief Judicial Magistrate, Patna City, Patna against the accused including the petitioner alleging therein that he is the dealer of Maa Shitla Escorts and used to do the business of selling the tractor on cash and also on credit by furnishing security by the purchaser of the tractor and its tailor etc. The accused, named in the complaint petition, including the petitioner visited to his office at Bari Pahari on 17.09.2007 and purchased a tractor and hydraulic tractor amounting to Rs. 4,48,492. At that time, the accused persons made payment of Rs. 1,25,000/- through bearer cheque and for rest amount of Rs. 3,00,000/- postdated account payee cheque bearing no.476732 dated 17.10.2007 of the Punjab National Bank was issued by the accused, Deepak Kumar, with assurance to deposit the said amount within a week in his account. On 17.10.2007, the opposite party no.2 was requested by the accused persons to meet at his office at 4 P.M. but the accused persons did not reach there. Thereafter, the cheque bearing no.476732 issued by the accused Deepak Kumar was presented on 23.10.2007 in the Bank for clearance and the said cheque remained with the Bank till 26.11.2007 but on 27.11.2007, the said cheque was dishonoured and returned through Memorandum No. 1525 of Dhanarua Punjab National Bank, Patna, showing insufficient fund and also incomplete signature of the drawer. It is also alleged by the opposite party no.2 that the accused persons entered into an agreement for purchase of a Tractor on stamp paper on 17.9.2007, which was signed by the accused, Madhukar Anand (petitioner), Deepak Kumar and one Shyam Kishore Sharma. On 7.12.2007, the opposite party no.2 received a notice of the accused through advocate, Sri Arjun Sharma, acknowledging about the dishonour of the cheque. Thereafter, the opposite party no.2 on 8.12.2007 replied the notice with a request for payment of the amount of the cheque but all in vain. As such, the accused persons, named in the complaint petition, including the petitioner under conspiracy cheated the opposite party no.2 to the tune of Rs. 3,00,000/- by issuing the cheque without sufficient money in the account.