SHANKAR KUMAR @ SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the order dated 06.09.2011 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.2023-C of 2011 by which the learned Magistrate after holding enquiry has found prima facie case against the petitioners for the offence under Section(s) 420 Indian Penal Code and section 138 of the Negotiable Instruments Act.

(2.) Case of the Complainant is that Complainant was authorized by Ras Bihari Gope @ Raj Bihari Gope, son of late Ram Sevak Gope, to dispose off the land bearing Tauzi no.167, Thana no.24, Khata no.29, Plot No.176 (part) measuring 10.5 Kattha located at Mauza Changar, which he got through judgment and decree passed in Title Partition Suit No.119 of 196 The petitioners approached the Complainant on 23.07.2010 for its purchase and it was finalized for consideration amount of Rs. 1,95,87,750.00. After agreement petitioner no.1 handed over Rs. 76,00,000.00 in cash and petitioner no.2 issued Cheques in the name of Complainant as well as in favour of Ras Bihar Gope (Opposite Party No.3). The petitioners assured the Complainant that after execution of sale deed all the cheque will be honoured on its presentation for encashment. Two absolute sale deeds were executed on 30.07.2010 in favour of the petitioners and two cheque of rupees ten lac each were presented for encashment which were honoured. Thereafter, three cheques were presented on different dates as mentioned in the Complaint Petition, but the same were dishonoured with endorsement 'insufficient fund'. Legal notice was sent to the petitioners for making payment, but the petitioners refused to pay.

(3.) Counsel for the Opposite Party No.2 has appeared and submitted that cheques were issued by petitioner no.2 in favour of the Complainant as mentioned in the Complaint Petition with assurance that after execution of sale deed the cheques will be honoured on its presentation. Absolute sale deed was executed on 30.07.2010 in favour of the petitioner nos.1 and 2 and it was again assured that the cheques, which have been given to the Complainant against the cost of the land, will be honoured. The Complainant presented two cheques bearing no.224817 dated 20.10.10 and cheque no. 224818 dated 20.11.2010 for rupees ten lac each which were duly honoured. Remaining cheques as mentioned in para 7 and 8 of the Complaint Petition were dishonoured with endorsement "fund insufficient" on presentation by the Complainant.