ARUP CHATTERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing of entire criminal proceeding in connection with Complaint Case No.788 of 2016 including order taking cognizance dtd. 11/8/2016 passed by the learned Judicial Magistrate, First Class, Ranchi whereby cognizance of offence under Sec. 138 of Negotiable Instruments Act, 1881 has been taken and summons has been directed to be issued against the petitioner, pending in the court of Judicial Magistrate, First Class, Ranchi.

(2.) The prosecution story is based on the typed complaint petition of the complainant namely Sunkil Lakra being a public servant in the capacity of senior Manger Bank of India Kantatoli Branch, Ranchi. It is alleged that the accused no.2 on behalf of the M/s Media Eleven Pvt. Ltd. approached to the complainant Bank and requested to grant of cash credit loan facility of Rs.1,25,00,000.00 only in the name of the Media Eleven Pvt. Ltd. at Panchwati Tower, 7th floor, behind Vishal Megamart, Harmu Byepass Road P.S.Sukhdeonager, PO Harmu, Dist. Ranchi. It is further alleged that on the request of accused no.2 the complainant granted cash credit loan facility of Rs.1,25,00,000.00 in Account No.459930110000004 in the name M/s Media Eleven Pvt. Ltd on 2/9/2011 for the business purpose.

(3.) It is alleged that the accused no.2 being director of M/s Media Eleven accepted the terms and conditions of the said loan facility granted by the complainant and in order to secure the payment of the said loan the accused no.2 executed various documents in favour of the complainant bank. It is further alleged that in view of the repayment of the said loan accused no.2 on behalf of Media Eleven issued cheque being no.197976 dtd. 16/2/2016 for Rs.4,00,000.00 of Axis Bank, Ranchi Branch Ranchi and the complainant deposited the above said cheque in said loan account with Axis Bank Ranchi Branch for payment /encashment but the same were bounced and return unpaid by the said Axis Bank with remarks as payment stopped by the drawer.