ARUN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the parties. Petitioner, by means of this application under section 482 of the Code of Criminal Procedure, has invoked the inherent jurisdiction of this Court with prayer to quash the Complaint Case No. 2738 (C) of 2009 including the order dated 19.05.2010, passed by the learned Judicial Magistrate, 1st Class, Patna passed in the aforesaid Complaint Case, whereby and whereunder cognizance has been taken against the petitioner for the offence under sections 406 and 418. of the Indian Penal Code.

(2.) The prosecution case, in short, is that on 30.06.2008 accused/petitioner came to the house of the complainant and Patna High Court Cr.Misc. No.16172 of 2014 dt.04-04-2018 asked for Rs. 25,000/- for treatment of his father, on which complainant issued two cheques of Rs. 25,000/- on 02.07.2008 and 09.07.2008. It is alleged that after expiry of the agreed period, complainant approached the petitioner, but he clearly denied to return the money. Hence, the present prosecution was initiated.

(3.) Learned counsel appearing for the petitioner submits that no offence against the petitioner is disclosed and the present prosecution has been initiated with mala fide intention for the purposes of harassment. Learned counsel further submits that the real reason for institution of the present case is the earlier case filed by this petitioner being Complaint Case No. 204 of 2007 (Annexure-2) against the present complainant and others who are land brokers and had convinced this petitioner to purchased a litigated land. It is further submitted that the amount in question i.e. Rs. 50,000/-, was given to the petitioner by the complainant as brokerage. Learned counsel brought on record the sale deed in connection with which petitioner was paid brokerage of Rs. 50000/- as Annexure-3 to the present application. Learned counsel, therefore, prays for quashing of the entire prosecution including the order taking cognizance.