ARUN KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R. Krishna, learned counsel appearing for the petitioner and Mr. Vinay Kumar Tiwary, learned A.P.P. for the State.

(2.) In this application the petitioner has prayed for quashing the entire criminal proceedings in connection with Complaint Case No. 530 of 2004 instituted for the offences punishable under Ss. 323, 504, 420 of the Indian Penal Code and Sec. 138 of the Negotiable Instruments Act. A further prayer has been made for quashing the order dated 25.01.2012 by which the bail bond of the petitioner has been cancelled and the representation submitted to him under Sec. 317 of the Cr.P.C. has also been rejected.

(3.) A complaint case was instituted by the complainant in Complaint Case No. 530 of 2004 in which the petitioner was arrayed as accused No. 4. It has been alleged that the accused No. 1 and 2 had entered into a deed of partnership for carrying a business of manufacturing and selling of cement and the deed of partnership was executed by the accused Nos. 1 and 2 with the complainant on 03.12.2013. Subsequently the partnership business failed and accused Nos. 1 and 2 had given two cheques which were presented in the Bhurkunda Branch wherein both the cheques were dishonoured. A pleader notice was given by the complainant on 08.05.2004 which was returned back to the complainant pursuant to which another notice was given on 14.06.2004. It is alleged that the complainant had gone on 01.07.2004 to the accused Nos. 3 and 4 wherein he was manhandled by accused Nos. 3 and 4 and was also abused.