GHAZI MOHAMMAD MASUD ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned G.A. appearing on behalf of the State. No one has appeared on behalf of private respondent No. 4, who is the complainant, in spite of service of notice upon him.

(2.) The petitioner has challenged the order dated 26.8.2002 passed by the learned Sessions Judge, Giridih, in Criminal Revision No. 63 of 2002, rejecting the revision application filed against the order dated 29.4.2002 passed by Shri Satya Prakash, learned Judicial Magistrate, 1 st Class, Giridih, in Complaint Case No. 1428 of 2001/T.R. No. 1252 of 2002, whereby prima facie case was found against the petitioners for the offence under Sections 420/34 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

(3.) The facts of the case lie in a narrow compass. The complainant, Mahboob Alam, had filed the complaint alleging that the petitioners had taken a friendly loan of Rs. 85,000/- from the complainant. Pursuant thereto, the petitioners had given a cheque bearing No. 781290 for the said amount of Rs. 85,000/- to the complainant. The said cheque was deposited in the Bank, but the same was bounced on 19.1.2001 due to insufficient fund in the account of the petitioners. It is alleged in the complaint petition that on 24.1.2001, the complainant informed the petitioners about the same, whereupon the petitioners had assured him to deposit the amount in the account, so that cheque may be honoured. Subsequently, the cheque was again presented in the Bank, but the same was again dishonoured on 19.3.2001. Thereafter, the complainant gave a legal notice through registered post to the petitioners on 26.3.2001, which was received by the petitioners on 30.3.2001, but the amount was not paid to the complainant. Subsequently, it is alleged that the complainant had demanded money from the petitioners on 27.11.2001, which was flatly refused by the petitioners. Thereafter, the complaint petition was filed before the Court of Chief Judicial Magistrate, Giridih on 28.11.2001 for the alleged offence under Sections 420, 465, 467, 468 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.