DEEP CHAWLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioner has filed this revision application against the order dated 23.07 2008 passed by the Judicial Magistrate, Dhanbad in G.R. Case No. 2229 of 2004 whereby he Has rejected the Petitioners application filed under Section 239 of the Code of Criminal Procedure for his discharge.

(2.) The case of the prosecution, in short, is that the informant is carrying on the business of ready-made garments at Park Market, Hirapur, Dhanbad in the name and style of 'Juno Garments'. The said Juno Garments used to purchase materials from the Petitioner and others on payment of cash and, some limes, on credit. As per the established practice of the aforesaid dealing the Petitioner used' to leave blank cheque with the whole seller as security and as per said practice the informant handed over a duly signed blank cheque to accused No. 1, Anup Agarwal, partner of A.R. Fashion, Ranchi some times in the year 2000.

(3.) The informant, who had some business dealings with the present Petitioner (who is accused No. 3 in this case), never left any blank cheque with the petitioner. Accused No. 1 Anup Agarwal, vide his letter dated 07.01.2003, informed the informant that the said cheque had been 'misplaced from his custody and he advised the informant to cake immediate step to slop payment of the aforesaid cheque by the drawee bank (i.e. UCO Bank Hirapur, Dhanbad). Accordingly the informant instructed his bank to stop payment of the aforesaid cheque but subsequently the informant came to know from his banker that the accused No. 3, the present Petitioner has encashed the aforesaid cheque. Further case of the informant is that when he served legal notice to all the accused persons and the Dank Manager, (UCO Bank, Hirapur Dhanbad), he got a reply whereby the bank admitted that the said cheque had been encashed due to inadvertent error on the part of the staff of the bank.