DEBASHIS GHOSHAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Kaushik Sarkhel, learned counsel for the petitioner, Mr. Achinto Sen, learned counsel for the State and Mr. Sidhartha Roy, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing of the order dtd. 8/4/2015 passed by the learned S.D.J.M., Hazaribag, whereby, an application filed under Sec. 239 Cr.P.C. for discharge of the petitioner has been dismissed in connection with Giddi P.S. Case No.81/2011, corresponding to G.R. No.3426/2011 registered under Sec. 406/420 of the Indian Penal Code and Sec. 138 of the Negotiable Instruments Act. The prayer is also made for quashing of the order dtd. 14/10/2015 passed by the learned Sessions Judge, Hazaribag in Criminal Revision No.76/2015, whereby, the revision application preferred against the order dtd. 8/4/2015 has been dismissed, pending in the Court of the learned S.D.J.M., Hazaribag.

(3.) The FIR was registered on the written report of Sham Dutt Sharma, who is the Manager of new established company, namely, Bhaskar Steel Pvt. Ltd. of Maa Chhinnamastika Group of Company alleging therein that the petitioner-Debashish Ghoshal, Managing Director of Asansol Infotech and Industrial Consultancy Pvt. Ltd. whose registered office is at G.T. Road, Godavari Apartment, Gopalpur, Asansol came to the informant's office on 10/8/2011 and gave some materials, brochures and C.D. to the informant and said that he has brought some new technology from China and asked the informant to build a new factory, it would give lots of benefit. It was further alleged that the petitioner taking the informant into confidence took a cheque of Rs.51,00,000.00 Lakh and remained absconded for three months. When the informant made enquiry then he came to know that there is no such technology from China and when the informant put the cheque for encashment then the cheque was bounced for insufficient fund and stop payment.