BIJOY SHANKAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. J.P. Jha, , learned senior counsel assisted by Mr. Sunil Kumar Sinha, learned counsel for the petitioner, Mr. Satish Kr. Keshri, learned counsel for the State and Ms. Prachi Pradipti, learned counsel for the O.P. No.2.

(2.) Petitioner has preferred this petition for quashing of order dtd. 18/2/2020 passed by learned Judicial Magistrate, Jamshedpur in connection with Complaint Case No. 481 of 2016 whereby complaint case has been dismissed and the O.P. No. 2 was discharged from the allegation levelled against him.

(3.) The Complaint Case No. C/1 481/2016 has been instituted under sec. 138 of the Negotiable Instrument Act stating therein that the petitioner-complainant and O.P. No. 2-accused were good friends since long. The petitioner gave 45,20,000/- to the O.P. No. 2 as friendly loan between 4/8/2014 to 7/11/2015 by different cheques in different dates. After receipt of the aforesaid amount, the O.P. No. 2 handed over 7 post dated cheques of Rs.45,20,000.00 (details of Cheques are given in para 4 of the petition). When the complainant/petitioner deposited the said post dated cheques in Bank of India, AIE Branch, Adityapur, the same was dishonoured with endorsement "insufficient fund" vide cheque return memo dtd. 12/9/2015. Thereafter the petitioner informed the said fact to the O.P. No. 2 upon which the O.P. No. 2 requested the petitioner to deposit the said cheques in the last week of December, 2015. On his assurance, the petitioner deposited the said cheques in the bank of India AIE Branch, Adityapur but the same was again dishonoured vide return memo dtd. 30/12/2015. Thereafter, the petitioner/complainant sent a legal notice on 6/1/2016 to the O.P. No. 2 but neither the A/D nor the registered cover returned and after lapse of 45 days, the present complaint case has been filed under sec. 138 N.I. Act against the O.P. No. 2-accused.