BANSHIDHAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS application has been filed under Section 482 of the Code of Criminal procedure for quashing the order dated 17. 5. 2001, whereby the learned Judicial magistrate took cognizance for the offence under Section 420, IPC in connection with C/i case No. 1097 of 2000.

(2.) IT is alleged that in October, 1996 the Informant took loan from M/s. Trade Well Finance Limited to the tune of Rs. 1,50,000/- for which some papers and cheques were kept in security. The said loan was duly cleared and the complainant again asked for a sum of Rs. 6,00,000/- out of which of Rs. 3,00,000/- was granted as loan. The cheques and other documents retained by the said Company and the said cheques were deposited by the Establishment of the petitioner, but it could not be encashed. Notices were also given by the establishment to the Informant but on receipt of the said notice the petitioner could know about the such presentation of the cheques. As such the complaint case was filed being C/1 Case No. 1097/2000 registered under Sections 420, 467, 468 and 471 of the Indian Penal Code.

(3.) AN inquiry under Section 202, Cr. PC. was held and after perusal of the evidence collected during inquiry, the learned Magistrate took cognizance for the offence after finding prima facie case.