MINAJ HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the order dated 05.01.2017 passed by the learned A.C.J.M-XIV, Bhagalpur in connection with Complaint Case No. 2227 of 2013 whereby the prayer made on behalf of the petitioner for transferring the case from Bhagalpur to Katihar on the ground of territorial jurisdiction has been rejected.

(2.) Rajeev Upadhyay/O.P. No. 2 had lodged a complaint vide Complaint Case No. 2227 of 2013 before the learned Chief Judicial Magistrate, Bhagalpur alleging that the petitioner had taken money from him which was paid to him by cheque for the purposes of expanding the joint business. When the complainant/O.P. No. 2 felt that the business was not improving, he demanded his money back. The petitioner, it has been alleged, tried to return the amount to the complainant/ O.P. No. 2 vide three cheques, the first being a cheque drawn on Punjab National Bank, Daulat Ram Chauk, Katihar for the amount of Rs. 11,00,000/-(eleven lakhs); the second cheque being drawn on Central Bank of India, Katihar for the amount of Rs. 11,00,000/-(eleven lakhs) and the third cheque again of Rs. 11,00,000/-(eleven lakhs) drawn on Bank of Baroda, Katihar Branch.

(3.) On presentation of the aforesaid cheques in the account of complainant/O.P. No. 2, the cheques could not be honoured because of insufficient funds. Even after notice to the petitioner/accused, no money was forthcoming; hence the instant complaint was lodged.