D K ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the order dated 6-10-1982 in T.R. Case No. 1421 of 1983 taking cognizance of the offence under section 420 of the Indian Penal Code against the present petitioner under the circumstances mentioned below.

(2.) It appears that the opposite party No. 2 had filed a complaint petition (Annexure-TIT) dated 6-10- 1982 against the present petitioner. From this complaint petition it appears that the petitioner is the owner of the house known as Roy Bungalow within Deoghar Municipality. A sum of Rs. 5,276.72 paise had fallen due from the petitioner due to non-payment of municipal taxes. On 17-4-1982 the Municipal staff was directed to disconnect the water connection of the house of the petitioner. The petitioner, who on that date was there, expressed his willingness to payoff the dues if the same is received through a cheque. Accordingly, the Municipal staff received cheque No. SB/ST-037190, dated 17-4-1982 for Rs. 5,276.72 paise drawn on United Industrial Bank Limited, Strand Road, Calcutta-I from the petitioner who bad account No 1974 in the said Bank. This cheque was deposited on 22-4-1982 for collection by the Municipality in its account in the State Bank of India, Deoghar Branch. On 11-6-1982 the opposite party No. 2 was informed that the cheque in question was dishonoured and returned from Calcutta and a sum of Rs. 8, was charged towards the collection for this cheque.

(3.) In the complaint petition (Annexure-l) the opposite party No. 2 further alleged that the petitioner intended to cheat and defraud the Deoghar Municipality since he insisted for making the payment only through a cheque. His intention was clear from the fact that instead of issuing a cheque on the local Branch of a Bank he issued a cheque on the Calcutta Branch of the Bank which was subsequently dishonoured. This shows that the petitioner had no intention of making the payment of the municipal dues and be cheated the municipality by means of issuing a fake cheque simply to prevent disconnection of the water supply to his house. Accordingly, the complaint petition was filed before the learned Judicial Magistrate, Deoghar on the basis of which, as stated above, the cognizance of the offence was taken on 6-10-1982.