SAUMISHTA BANERJEE Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner in this application has prayed for quashing the order dated 16.02.2012, passed by the learned S.D.J.M., Ranchi, whereby and where under cognizance has been taken for the offence punishable under sections 323, 406 and 420 of the Indian Penal Code.

(3.) A complaint case was instituted by the opposite party no. 2 wherein it was alleged that there was a business relationship between the complainant and the petitioner for supply of building materials. It has been stated that an advance amount of Rs.69,095/- was given to the petitioner for supply of building materials but neither the same was supplied nor amount was returned. Subsequently, it has been alleged that a cheque of Rs.5000/- was given as well as a cheque of Rs.40,000/-was given to the complainant, which was never presented to the bank. Allegation has also been levelled that a hand note dated 10.10.2008 was given amounting to Rs.64,789/- to be refunded @ Rs.5000/- per month but the said promise was also not adhered to by the petitioner leading to institution of Complaint Case No. 674 of 2010.