GULLU MIRCHANDANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned Counsel appearing for the petitioners, learned Counsel appearing for the State and learned Counsel appearing for the opposite party No. 2.

(2.) THIS application has been filed under Section 482, Cr.P.C. for quashing the entire criminal proceeding of Jugsalai P.S. Case No. 184 of 2003 (G.R. No. 1779 of 2003) pending in the Court of Chief Judicial Magistrate, Jamshedpur, East Singhbhum, lodged against the petitioners under Sections 467/468/471/420/406 of the Indian Penal Code.

(3.) IT has been alleged that M/s. Mire Electronics through its representative induced the complainant to take the distributorship of ONIDA Television. In order to take distributorship formalities were completed by filling up the form and depositing a sum of Rs. 5,000/- by way of account payee cheque with one Akash Kumar (not the petitioner) the then Marketing Executive of Mire Electronics. That apart two blank cheques bearing Nos. 0115674 and 0115675 drawn on Bank of (30) India in favour of M/s. Mire Electronics was handed over to said Akash Kumar and that was by way of security deposit, but subsequently to his utter surprise he did find that after putting figure of Rs. 3,50,314.00 in one of the blank cheques it has been tendered before its banker for encashment. Having come to know he instructed the Branch Manager to stop the payment as that was not against any debt payable to said M/s. Mire Electronics. Accordingly, the cheque got dishonoured. Thereafter he received a notice from the company that cheque issued for a sum of Rs. 3,50,314.00 given in lieu of outstanding dues got dishonoured and put forth demand for payment of the said amount. Upon it he immediately sent a notice whereby he denied his liability to pay him Rs. 3,50,314.00 as he had never received the Television Sets from M/s. Mire Electronics. Thus it has been alleged that the accused person fraudulently by putting arbitrary figure, has committed forgery in collusion with each other.