AJAY AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A.K. Das, learned counsel for the petitioners, Mr. Sunil Kumar Dubey, learned counsel for the State and Mr. Navneet Sahay, learned counsel for the O.P. No.2.

(2.) This petition has been filed for quashing the entire criminal proceeding including order taking cognizance dtd. 1/9/2010 in connection with Complaint Case No. 2226 of 2010. Prayer has also been made for quashing the order dtd. 28/6/2012 whereby petition filed under Sec. 205 of Cr.P.C. has been rejected. Further prayer has been made for quashing the orders dtd. 20/4/2013 and 30/5/2013 whereby processes under Sec. 82 and 83 Cr.P.C. have been issued against the petitioners, pending in the Court of learned Judicial Magistrate, Ist Class, Jamshedpur.

(3.) The O.P. No.2 filed the complaint case alleging therein that the accused nos. 2, 3 and 4 approached the complainant for supply of iron ore and as per ledger account of the complainant's firm, for the period 1/4/2010 to 30/4/2010 an amount of Rs.2,17,27,402.00=36 is found payable by the accused persons and after repeated demands, the accused persons handed over a cheque bearing no. 091695 dtd. 2/4/2010 for a sum of Rs.20,00,000.00 towards part payment, however, on presentation, the same was dishonoured on 9/6/2010. Thereafter the complainant served a demand notice dtd. 24/6/2010 which was registered on 28/6/2010 calling upon the accused persons to pay the amount of Rs.20,00,000.00 within fifteen days but when the accused persons failed to make payment, the instant case was instituted on 31.07.20210.