RATNESHWAR UPADHYAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Rajeev Ranjan Prasad, learned counsel for the petitioner, Mr. Yogendra Singh, learned APP for the State as well as Mr. Rajesh Kumar Sinha, learned counsel for the Informant.

(2.) Petitioner seeks quashing of order dated 19.07.2011 passed by Sri Sharad Chandra Kumar, Judicial Magistrate, Ist Class, Jamui in Case No.383(C) of 2011 as also the entire criminal prosecution whereunder the Magistrate finding prima-facie case for the offence under Sections 403, 409, 467/34 of the Penal Code ordered for issuance of summons against the petitioner and other co-accused.

(3.) The facts in brief is that the complainant/Opposite Party No.2 filed a complaint case on the file of learned Chief Judicial Magistrate, Jamui alleging therein that being policy holder of Life Insurance Corporation of India, Jamui Branch, he received payments on two occasions but he was not paid an amount of Rs.40,000.00 as final payment. It is alleged that on repeated inquiry, the complainant was assured that he would receive the cheque, but later on it was found that the cheque issued by the Opposite Party was received by the agent. The complainant approached the accused persons one by one but accused No. 2 and 3 abused the complainant and threatened to implicate him in a false case. The complainant gave a written notice to the Divisional Manager, Life Insurance Corporation of India on 11.02.2011 which was not replied. The brother of the complainant received an envelop on 002011 which on opening was found empty. The complainant thereafter, suspecting some foul play on the part of the accused persons, filed the complaint case. The Magistrate examined the complainant on solemn affirmation and three more witnesses. After inquiry, the Magistrate found prima-facie case for the offence under Sections 403, 409, 467/34 of the Penal Code and ordered for issuance of summons.