SUBHASH BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner who is arrayed as one of the accused in complaint case No. 628 of 2003 has prayed for quashing of the entire criminal prosecution arising out therefrom including the order dated 27-6-2005 passed by the learned S. D. J. M., Pumea, whereby he has taken cognizance of offences under Section 420 I. P. C. and Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the N. I. Act').

(2.) The short facts leading to the filing of the complaint is that Shambhu Kumar Arya, the complainant, impleaded as opposite party No. 2 herein, gave a cheque by way of advance of Rs. 4 Lacs in two instalments to the son of the petitioner herein who at the relevant time was in the company of the petitioner and on demand for returning of the sum advanced as loan, the son of the petitioner issued two cheques dated 24-12-2002 and 28-12-2002 both of which bounced. Legal notice from the opposite party No. 2 followed to the petitioner's son.

(3.) It has been submitted by the learned counsel for the petitioner that the allegation against the petitioner is only of his having accompanied his son at the time when the loan was advanced to the son by the complainant and there was no allegation of his having either accepted the money advanced as loan nor of having issued the cheques which had bounced.