KAMLESH TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sanjeev Thakur, learned counsel for the petitioner, Mrs. Lily Sahay, learned counsel for the State and Mr. A.K. Rashidi, learned counsel for the O.P. No.2.

(2.) The present petition has been filed for quashing of entire criminal proceeding including order taking cognizance dtd. 10/9/2018 in connection with Town P.S. Case No. 131 of 2018, corresponding to G.R. Case No. 922 of 2018, pending in the Court of learned Judicial Magistrate, 1 Class, Palamau.

(3.) F.I.R. has been lodged by the informant alleging therein that the informant and petitioner are having good relations due to which the petitioner requested for friendly loan of Rs.4,00,000.00 from the informant to be invested in business of the petitioner. The informant in good faith in presence of witnesses gave Rs.4,00,000.00 for two months as per mutual agreement as this petitioner promised to the informant that loan amount will be repayed in two months. It is alleged that on demand of the repayment, the petitioner gave a cheque no. 14201063764 of Gramin Vananchal Bank. On deposit for encashment on 4/4/2018 the said cheque was returned with a remark "Limit Exceeded of Fund insufficient in the account" upon which the petitioner gave a legal notice to the petitioner even then loan amount has not been returned by the petitioner.