RAVI JAIN Vs. STATE OF JHARKHAND & ANOTHER

JUDGEMENT

(1.) Heard the learned counsel for the parties. This Cr. writ petition has been filed for quashing of the entire criminal proceedings arising out of C/1 case no. 82 of 2008, and order dated 26.2.2009 passed by the learned CJM, Chaibasa, whereby the court below has been pleased to take cognizance against the petitioner for offence punishable under section 138 of the N.I. Act.

(2.) The prosecution case in brief, is that respondent no.2 Shyam Sunder Shah, filed a complaint against the petitioner alleging therein that the accused who is Director of Jain Udyog Private Ltd wanted to sell the company to the complainant for which MOU was signed, but it was not materialized and thereafter the accused issued a cheque No. 647606 dated 5.8.2008 for Rs. 30,00,000/- ( rupees thirty lakhs) in favour of the complainant, but the said cheque was dis-honoured.

(3.) It is submitted that the said cheque was issued by the company, but the complainant has not made the company a party and arrayed Ravi Jain who was then Director of the said Company.