VIMAL KUMAR PATNI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State as also learned counsel for the complainant-informant opposite party No.2.

(2.) The petitioner has filed this application for quashing the FIR, being Giridih (M) P.S. Case No.59 of 2013 corresponding to G.R. No.392 of 2013, which was instituted for the offence under Sec. 420 of the IPC.

(3.) The complaint case was filed in the Court of CJM, Giridih, by the opposite party No.2, in which the petitioner has been made accused, describing him as Director of Vikash Metal and Power Ltd. In the complaint petition, it is stated that the complainant is the Director of S.S. Raisers Pvt. Ltd. and there was business transaction between the complainant's Company and the petitioner's Company. It is stated that between the year 2007 to Oct. 2010, the complainants Company had supplied the iron ore to the petitioner's Company, valued at INR 7,78,29,802.00, but when the amount was not paid, one FIR was lodged against the accused petitioner, which was registered as Town P.S. Case No.249 of 2010, for the offence under Sec. 406, 420/34 of the IPC. It is stated that upon lodging of the said case, the accused became ready to make the payment of the amount and he issued four cheques of Rupees one crore each and also paid INR 3,78,29,802.00 in cash, where upon the said case was compromised. Subsequently, the complainant deposited one cheque of rupees one crore in the Bank, but the same was dishonoured. Upon notice, the accused assured to give another cheques, and upon the assurance of the accused, the complainant returned back all the four cheques of rupees one crore each. On 18.11.2012, the accused handed over one cheque of rupees fifty lakh bearing cheque No.000052 dated 15.12.2012 and assured that the same would be paid. Apart from that, 28 cheques for INR 12, 50,000.00 each, were also given for the rest amount. The said cheque of Rupees fifty lakh was deposited in the Bank on 15.12.2012, but the cheque was dishonoured. Alleging that the accused was having dishonest intention and thereby he cheated the complainant for the amount of rupees four crores, the complaint petition was filed. The said complaint was sent for institution of the police case, on the basis of which, Muffasil P.S. Case No.59 of 2013, was instituted for the offence under Sec. 420 of the IPC. It is an admitted position that the case is still in the investigation stage.