ORIGINAL INFRAVENTURES PRIVATE LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 528 of the BNSS, 2023 with the prayer to quash and set aside the entire criminal proceeding arising out of Complaint Case No.2091 of 2022 including the order taking cognizance dtd. 31/3/2022 passed by learned Judicial Magistrate, Ranchi and all subsequent proceedings pending before the learned trial Court of the said complaint case, as well as the order dtd. 12/3/2024 passed by the learned Additional Judicial Commissioner-VIII, Ranchi in Criminal Revision No.511 of 2023 whereby and where under the learned Additional Judicial Commissioner-VIII, Ranchi dismissed the criminal revision.

(3.) The brief fact of the case is that the petitioners are the accused persons of the said Complaint Case No.2091 of 2022. The admitted case of the petitioner is that the petitioner issued a cheque for Rs.1,08,000.00 to the complainant. The complainant presented the said cheque with its banker, but the said cheque was dishonored and the cheque return memo bore the remarks 'account closed'. As even after the demand of the cheque amount needed by the complainant by contacting the Directors of the accused company; the accused persons failed and neglected to remit the cheque amount; the complainant sent a legal notice through his lawyer to the accused person of the case, demanding payment of cheque amount within 15 days from the receipt of the notice. The legal notice was returned by the postal services. The Director of the company namely Awdesh Kumar requested the complainant not to move forward with the complaint in respect of the offence punishable under Sec. 138 NI Act and promised that he will re-issue a new cheque but as ultimately, they did not pay the cheque amount hence, the complainant filed this complaint.