SOURAV GHOSH CHOUDHURY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R.S. Mazumdar, learned senior counsel appearing for the petitioner, Ms. Amrita Kumari, learned counsel for the State and Mr. Navneet Sahay, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the order dtd. 16/10/2015 passed in P.C. Case No.320/2015, pending in the court of the learned Chief Judicial Magistrate at Saraikella.

(3.) The complainant has filed the petition alleging therein that he was a partnership firm and accused petitioner is running a factory of manufacturing Hume Pipe and both were well known to each other and maintaining good relation during business transaction and friendly. Later on the cheques issued by the accused petitioner were dishonoured. Thereafter the complainant filed P.C. Case No.146/2014 which was withdrawn by him on 10/2/2015 on the false assurance of the accused and a Promissory Note on the same day signed by both the parties. The accused petitioner issued three cheques of total value of Rs.15.00 Lacs in favour of the complainant which were dishonoured by his banker due to insufficient fund. Thereafter, after service of notice to the accused the complainant filed a case under Sec. 138 of Negotiable Instrument Act, being C/1 Case No.808/2015, which was disposed of by the court of the learned Judicial Magistrate at Jamshedpur vide order dtd. 8/10/2015 on the point of jurisdiction and the learned court directed the complainant to file the same before the competent court having proper jurisdiction. Thereafter, the said case was taken back by the order of the learned Judicial Magistrate, 1st Class, Jamshedpur for filing the same before the court of proper jurisdiction and as such the same was filed before the learned Chief Judicial Magistrate, Saraikella, which was numbered as P.C. Case No.320/2015.