LAWS(PAT)-2008-1-120

OM PRAKASH SAH Vs. STATE OF BIHAR

Decided On January 23, 2008
OM PRAKASH SAH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS is an application Under Sec. 482 Cr.P.C. for quashing the order dated 25.7.2006 passed by the learned 2nd Addl. Sessions Judge, Purnea in Cr. Revision No. 188/2005 whereby he has dismissed the revision application filed by the petitioner for setting aside the order of the S.D.J.M., Purnea passed in Complaint Case No. 763/2005 directing issuance of summons against the petitioner.

(2.) It appears that a complaint case was filed in the court of the Chief Judicial Magistrate, Purnea stating therein that there was brick kiln of the petitioner and he took money as loan from the complainant (O.P. No. 2) . The petitioner issued cheques in favour of the complainant .for payment of the loan. The cheques were presented on 10.3.2005 for payment but they were dishonoured for in sufficient fund. On 1.4.2005 the complainant sent lawyer 'snotice to the petitioner for payment of the amount but nothing was paid. The complainant hence on 10.5.2005 filed the complaint.

(3.) THE learned S.D.J.M. after considering the complaint petition, statement of the complainant on S.A. and the statement of the witnesses examined during enquiry found a prima facie case Under Sec. 420 I.P.C. and 138 of the N.I. Act and directed to issue summons against the petitioner. Being aggrieved by the said order, the petitioner filed criminal revision and the learned Addl. Sessions Judge by the impugned order dismissed the revision.