RAJ KUMAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure (in short "the Code"), the petitioner has prayed for quashing of the entire proceeding including the order taking cognizance dated 19.01.2007 passed by Judicial Magistrate, 1st Class, Hazaribag in Complaint Case No. 1342 of 2006, whereby and where under the court below took cognizance of offence under Section 138 of N.I. Act (in short "the Act") and directed to issue summons.

(2.) Bereft of unnecessary details, the facts, which is relevant for the proper adjudication of the issue involved in this case, in short, is that at the instance of the complainant Sri Krishna Prasad, the aforesaid case was filed against the present petitioner under Section 138 of N.I. Act with the allegation that the accused-petitioner being a friend and also a relative requested the complaint for a lone of Rs. 2,90,000/- and though the complainant was firstly hesitant in giving such a huge amount but considering the personal difficulty of the accused gave Rs. 1,50,000/- on 20.10.2003 in cash and again paid Rs. 1,40,000/- on 31.01.2004 on the assurance of the complainant that he will pay the entire amount as soon as possible. After sometime, the complainant requested the accused to refund the money and in pursuance to that, the accused issued a cheque of Rs. 2,90,000/- on 01.08.2006 with the assurance that he has sufficient amount in his account but when the cheque was presented in the Bank for encashment on 06.10.2006, it was dishonoured showing insufficient fund. The bank authorities returned the cheque with the said endorsement. Where after, the complainant informed the accused about the dishonour of the cheque but the accused refused to give reply on that. Thereafter, a legal notice was sent to the accused on 02.11.2006 with a request to pay Rs. 2,90,000/- along with interest.

(3.) The court below after examining the complainant on solemn affirmation without examining any other witnesses took cognizance of the offence vide order impugned dated 19.01.2007. Aggrieved by that order, present case has been filed.