IND-SWIFT LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 22.09.2012 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.2008-C of 2012, by which the learned Magistrate has found prima facie case against the petitioners under Section(s) 420 Indian Penal Code.

(2.) The prosecution story, in short, as per Complaint Petition is that Opposite Party No.2 was Distributor of the petitioner no.1- company. The petitioners earlier approached the Opposite Party No.2 at his establishment in Govind Mitra Road, Patna. The Opposite Party No.2 gave two blank cheques in course of business to the petitioners by way of surety on 29.11.2007. The petitioners had sent some expired/defective goods (medicines) due to which the Opposite Party No.2 made request to the petitioners to take back those goods and requested his bankers to stop payment of six cheques including the above stated two cheques. The Opposite Party No.2 received legal notice dated 28.05.2012 from petitioner No.5 regarding dishonour of cheque and then he came to know that one of the blank cheque bearing no.629820 was presented for payment by the petitioners and the same was dishonoured as there was instructions to stop payment. The Opposite Party No.2 sent reply to the legal notice dated, 28.05.2012, on 02.07.2012. The Opposite Party No.2 further alleged in this manner that the petitioner has cheated him.

(3.) Heard learned counsel for the petitioners and the State as well as counsel for the Opposite Party No.2.