HEMLATA MUKUL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners in this application have prayed for quashing the entire proceeding which has been initiated against them on the basis of the F.I.R. lodged at the Jorapokhar Police Station bearing G.R. No. 3296 of 2004 arising out of Jorapokhar P.S. Case No. 233 of 2004 dated 15.10.2004, for the offences under Sections 420/34 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

(2.) HEARD counsel for the petitioners and counsel for the State.

(3.) THE facts of the case which was instituted by the informant / Opposite Party No. 2 against the petitioners are that the complainant being a builder and partner of M/s. Shivam Builders and Real Estate Developers, Dhanbad, had entered into an agreement with the accused Aryamishra Prabhakar Deo and Sanatan Chatterjee under which the aforesaid accused persons had agreed to allow the complainant to develop their land at an estimated cost of Rs. 6,00,000/. In terms of the agreement, the complainant paid a total sum of Rs. 6,00,000/on different dates by cheques which were received by the accused Aryamishra Prabhakar Deo. However, since a portion of land covers an area belonging to M/s. B.C.C.L., no objection from M/s. B.C.C.L. could not be obtained from the B.C.C.L. and consequently the construction work initiated by the complainant was stopped by the C.I.S.F. at the instance of M/s. B.C.C.L. Upon such obstructions, the complainant contacted the land owners and the land owners had agreed to return the money to the complainant. The accused Sanatan Chatterjee had agreed that he would return the money to the complainant and to this the complainant having consented, the said Sanatan Chatterjee had issued a cheque for a sum of Rs. 3 lakhs on 30.08.2004 in favour of the complainant drawn on UCO Bank, Hirapur Branch, Dhanbad. However, upon presentation, the cheque was not honoured on the ground of insufficient fund. Being aggrieved, the complainant had filed the FIR against the land owners including Aryamishra Prabhakar Deo and his mother and other accused persons, all of whom belong to the same family, alleging that they, in collusion with the said Sanatan Chatterjee, had cheated him.