UMESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for opposite party no. 2.

(2.) This application under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.) has been filed by the petitioner for quashing the order dated 11.03.2016 passed by the learned Chief Judicial Magistrate, Muzaffarpur in connection with Trial No. 1890 of 2016 arising out of Complaint Case No. 2217 of 2014 by which the petitioner has been summoned to face trial for the offences punishable under Sections 406 and 420 of the Indian Penal Code (for short "IPC") .

(3.) The prosecution case, in brief, according to the complainant is that the accused petitioner was known to him since long. He came with his two of his relatives Harilal Rai and Jogendra Rai at his residential house and expressing urgent need of money he demanded Rs.5 lakh as friendly loan. He promised that he would return the amount in six months. On his assurance to return the loan amount, he gave Rs.75, 000/- in cash and Rs.3, 25, 000/- by way of cheque to the petitioner. The cheque drawn on Syndicate Bank was encashed on 12.06.201 It has been further alleged that after lapse of six months, when the petitioner did not return his money, he went along with those relatives to his house, but he refused to return the amount of loan whereafter a legal notice was sent, but he did not offered any reply to the notice. Lastly, it is alleged that since the younger brother of the petitioner is his son-in-law, he is taking undue advantage of the situation.