JOGINDER SING Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ashutosh Mishra, the learned counsel appearing through video-conferencing on behalf of the petitioner and Mrs. Priya Shrestha, the learned State counsel.

(2.) This petition has been filed for quashing of the order taking cognizance dtd. 21/5/2008 in connection with Complaint Case No.C/1 731 of 2008 under Sec. 138 of the Negotiable Instruments Act, pending in the court of learned Chief Judicial Magistrate, Jamshedpur.

(3.) The complaint petition has been filed alleging therein by the complainant, the petitioner and one other namely Indrashan Yadav were running a dairy business and it is alleged that both petitioner and Indrashan Yadav are partner in the business and had taken friendly loan from complainant and it is alleged that Indrashan Yadav issued a cheque of Rs. One lac in favour of the complainant which has been dishonoured when the cheque was presented by the complaint due to insufficient fund and thereafter the complainant made several attempts to contact the accused persons for realization of his cheque amount but they avoided him on some pretest or the other and thereafter the complainant issued a lawyer's notice demanding therein to refund the cheque amount within 15 days but the accused persons did not make payment to the complainant however the petitioner (accused no.2) made a reply through his lawyer denying all allegations and refused to make payment against the cheque amount to the complainant.