SANDEEP KUMAR JAISWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Sec. 482 Cr.P.C. with a prayer for quashing the entire criminal proceeding including the order dtd. 9/12/2022 whereby and where under, cognizance has been taken against the petitioner for having committed the offence punishable under Sec. 138 of Negotiable Instrument Act in connection with Complaint Case No. 9095 of 2022, pending in the court of Judicial Magistrate 1st Class, Ranchi.

(3.) The brief facts of the case is that the petitioner took the loan from the opposite party no.2-Bank and issued a cheque of Rs.49,00,000.00 drawn on the opposite party no.2-Bank for liquidation of the loan amount. The said cheque was presented by the opposite party no.2-Bank through its branch at Ranchi but the cheque was dishonoured. Thereafter, the bank issued notice dtd. 6/8/2022 which was sent by post on 9/8/2022 and delivered to the accused-petitioner on 17/8/2022. The petitioner promised to pay the said Rs.49,00,000.00 but did not pay the same. Hence, the complaint was filed and the learned Magistrate vide order dtd. 9/12/2022 has taken cognizance of the said offences.