LAWS(JHAR)-2010-8-27

PRAMODE SHANKER DAYAL Vs. STATE OF JHARKHAND

Decided On August 03, 2010
Pramode Shanker Dayal Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, learned counsel for the State as also the learned counsel for the Opposite Party No. 2.

(2.) THE petitioner has filed the instant application under Section 482 of the Cr.P.C., praying for quashing the order dated-22.03.2005, passed in Complaint Case No. 202 of 2005, whereby the Chief Judicial Magistrate, Ranchi took cognizance of the offences under Sections 403, 406, 409, 420, 425, and 504/34 of the I.P.C. against the petitioner.

(3.) THE petitioner has assailed the impugned order of cognizance as also the order directing him to face trial in the case, on the ground that the same was passed without application of judicial mind and without considering the fact that the petitioner has been made accused only on account of the fact that he was one of the Directors of the Board of the Company and without considering the fact that even before the alleged date of occurrence, i.e. before the date of issuance of the dishonoured cheque, the petitioner had retired from the Board of Directors of the accused-Company.