ALOK KUMAR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has invoked the inherent power of this Court under Section 482 of the Code of Criminal Procedure with the prayer for the quashment of the entire criminal proceeding of the petitioner arising out of Complaint Case No. 792 of 2008 lodged at the instance of the complainantO.P.No.2 for the alleged offence under Section 138 of the Negotiable Instrument Act, pending in the Court of Shri R.S.Mishra, Judicial Magistrate, 1st Class, Ranchi wherein prima facie case was found by the order dated 07.07.2008.

(2.) The prosecution story in short was that the petitioner-accused had taken various items and materials from the complainant worth Rs. 5,50,065.00/- and in lieu of that he issued cheques for the supply of materials. It was the case of the complainant that a sum of Rs. 2,40,000/- (Two lakh forty thousand) was paid to the complainant in cash and for payment of the rest of the amount the petitioner-accused issued further two cheques amounting to Rs. 1,25,000/- ( One lakh twenth five thousand) each but the same could not be honoured on account of insufficiency of the fund hence the case under Section 138 of the Negotiable Instrument Act.

(3.) During pendency of this Misc. Petition, the Opposite Party No.2- complainant appeared and then filed I.A.No.1174 of 2011 stating therein that as per the order dated 09.11.2009 the petitioner-accused has already depoisted Demand Draft of Rs. 2,50,000/- drawn in favour of the complainant-Opposite Party No.2. As a matter of fact, the petitioner had himself offered to pay the said amount and now the complainant-O.P.No.2 wants to withdraw the said amount in terms with the direction of this Court hence a suitable order may be passed.