RAM BAHADUR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) PETITIONER is aggrieved by the order dated 15.2.2007 passed by the learned S.D.J.M., Bokaro, in C.P. Case No.125 of 1998 / Tr. No.26 of 2007, whereby the Court below has dismissed the application under Section 245 of the Cr.P.C., filed by the petitioner for discharge, directing the petitioner to appear for framing the charge for the offence under Section 420 of the I.P.C. and 138 of the N.I. Act.

(3.) LEARNED counsel for the petitioner has submitted that the impugned order passed by the Court below is absolutely illegal, in as much as, the loan allegedly taken by the petitioner was a friendly loan and there is no allegation of any intention to deceive the complainant at the time of advancement of the loan. Accordingly, no offence can be said to be made out against the petitioner under Section 420 of the IPC. It has also been submitted that filing of the complaint petition with regard to Section 138 of the N.I. Act is barred by limitation, in as much as, the complaint petition would show that the cheque had bounced on 26.3.1998, thereafter, the notice to the petitioner was given through registered post on 7.4.1998 and the complaint petition was filed on 12.5.1998. It is submitted that it is no where mentioned as to when the notice was received by the petitioner and accordingly, the date of sending the notice would be deemed to be date of receiving the notice and after the expiry of the period of one month thereafter, the complaint petition was filed.