AKHIL PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application, the petitioner have challenged the order dated 31. 7. 1998 whereby their application for discharge was rejected by the Sub-Divisional Judicial Magistrate, Jamshedpur.

(2.) THAT short facts giving rise to this application are that the opposite party No. 2 Miss Seema Kumari filed a complaint petition before the Chief judicial Magistrate at Jameshedpur for taking action against the petitioners for committing offence under Sections 420/ 34 of the Indian Penal Code and under Section 138 of the Negotiable Instruments Act. The Chief judicial Magistrate sent the complaint to Police under the provisions of Section 156 (3) of the Criminal Procedure Code for investigation. After investigation, the Police submitted charge-sheet under Sections 420/34 of the indian Penal Code and under Section 138 of the Negotiable Instruments act against the petitioner on the basis of which cognizance was taken by the S. D. J. M. for the aforesaid offences.

(3.) SUBSEQUENTLY, on 26. 2. 1998 a petition was filed on behalf of the petitioners before the S. D. J. M. Jamshedpur for their discharge on the ground mentioned in the said petition. The said petition for discharge has been made Annexure-3 to this application.