PREM KUMAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By the Court:- Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with a prayer to quash the F.I.R. as well as the entire criminal proceedings in connection with Khunti P.S. Case No.137 of 2021 registered for the offences punishable under Ss. 406, 420 of the Indian Penal Code and Sec. 138 of the N.I. Act, pending in the court of Chief Judicial Magistrate, Khunti.

(3.) The brief facts of the case is that the petitioner took a loan of Rs.19,00,000.00 from the complainant/informant; part of which was taken by transferring the amount in the name of others and part of the same was transferred to the account of the petitioner in the name of Maa Shanti Enterprises. In December, 2020, the complainant/informant demanded back her money. The petitioner issued a cheque for Rs.7,00,000.00 of Bank of India in the name of the complainant/informant and promised that the rest amount will be paid by him by the end of February, 2021 and requested the complainant/informant to deposit the cheque after a period of 15 day for encashment of the same. The complainant/informant on 7/1/2021 deposited the cheque in her bank account with Punjab National Bank but the cheque was dishonoured as the petitioner issued stop payment instructions to his bank for not honouring the said cheque. The petitioner, thereafter tendered apology and promised to pay money within 15 days but even after that the petitioner did not pay the said amount and ultimately on 31/1/2021 refused to pay the amount. The complainant/informant issued the demand notice which was received by the petitioner but even then the petitioner did not pay the said amount. The complainant/informant filed Complaint Case No.26 of 2021 and the same being forwarded to police by the Chief Judicial Magistrate, Khunti under Sec. 156 (3) of Cr.P.C. for proper investigation; upon registration of a case. Basing upon the same, Khunti P.S. Case No.137 of 2021 was registered for the offences punishable under Ss. 406, 420 of the Indian Penal Code and Sec. 138 of the N.I. Act. After completion of the investigation, police submitted charge-sheet against the petitioner for having committed the offences punishable under Ss. 406, 420 of the Indian Penal Code and Sec. 138 of the N.I. Act.