BIJAY KUMAR Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the opposite party No. 2. The order dated 9.2.2010 passed in C.P. Case No. 1347 of 2009 under which cognizance of the offence under Section 138 of the Negotiable Instrument Act has been taken is being sought to be quashed on the ground that a cheque which got dishonored was given to the complainant pursuant to the settlement arrived at in between the parties with respect to dispute relating to joint properties and on understanding that even if cheque given gets dishonored, no case would be lodged but the ground taken can never be said to be tenable when the allegation made in the complaint does constitute offence under Section 138 of the Negotiable Instrument Act.

(2.) ACCORDINGLY , the order taking cognizance never warrants to be quashed. Hence, this application stands dismissed.