TARUN KUMAR AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Section 482 Cr. P. C. has been filed for quashing the order dated 24.5.2005 passed by learned J.M. 1st Class, Patna, in complaint case no. 1231(M) of 2005, by which learned Magistrate has found prima facie case for the offence under Sections 420, 406 and 409 of the IPC and Section 138 of the Negotiable Instruments Act, 1881 against the petitioners.

(2.) Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State.

(3.) Learned counsel for the petitioner has submitted that instant case has been filed for bouncing of one cheque bearing no. 690510 dated 22005, issued by the petitioner to the complainant for a sum of Rs. 6,00,000/- ( six lacs) towards payment of the loan amount under one time settlement Scheme, 2004 ( for short 'the OTS Scheme, 2004). Learned counsel for the petitioner has further submitted that OTS scheme,2004 bonafidely given to the petitioner was withdrawn by the opposite party no.2-complainant for non- compliance of the agreement and thereafter petitioner had filed a writ in this Hon'ble Patna High Court vide C.W.J.C. No. 104 of 2006 and this Hon'ble Court vide order dated 21.02007 has passed final order directing the opposite pay no.2 to issue no dues certificate in favour of the petitioner within a period of one weeks from the date of production/communication of the order as well as discharge the mortgaged property of the petitioner within one week, since the petitioner has paid the entire amount of Rs. 92.2 lacs towards final settlement. Learned counsel for the petitioner submits that for delayed payment of the amount after order passed by the Hon'ble High court the interest was levied by the opposite party no.2, and, in compliance of demand issued by General Manager of opposite party no. (Anexure-6), the petitioner has made full payment of Rs, 12,75,897/- in one stroke vide Annxure-7 to the supplementary affidavit. But, no Dues Certificate has not been issued and further interest is being claimed by the opposite party no.2 in terms of letter no. 286 dated 4.9.2015 which is annexed as Annexure B to the counter affidavit filed on behalf of the opposite party no.2