P R KANTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr.L.N.Das, learned counsel for the petitioner and Mr. S.D.Sanjay, (earned counsel for the opposite party no.2.

(2.) IN this application the petitioner has prayed for quashing the order dated 4.7.1998, by reason of which on a complaint petition filed by the opposite party no.2, the learned Magistrate has taken cognizance of the offence under Sections 406, 409, 120B of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

(3.) THE complainant had gone to Delhi with the accused persons to have a look of the office and factory of the accused persons at Okhla Industrial Estates, New Delhi. The Company had induced the complaint to hand over a draft of rupees five lacs on 26.2.1997 drawn on State Bank of India. Another draft of rupees fifteen lacs was handed over by the complainant on 3.3.1997 drawn on the same Bank. Both the drafts were sent to the accused persons through their authorised representative who had come to collect the draft from the office of the complainant. Subsequently the complainant, it is alleged, handed over a draft of Rs. 30/ -lacs on 27.3.1997 drawn on State Bank of India and, as such, the agreement was entered into finally on 27.3.1997.