JIWAN PRAKASH Vs. STATE OF JHARKHAND AND ANR

JUDGEMENT

(1.) In this petition, the petitioners have prayed for quashing the entire criminal proceedings, including the order taking cognizance dated 3.12.2003 in Deoghar P.S. Case No. 243 of 2003, corresponding to G.R. No. 693 of 2003, whereby learned Chief Judicial Magistrate has taken cognizance of the offences under sections 406 and 420 I.P.C. against the petitioner.

(2.) The case of the complainant-O.P. No. 2 was that the complainant-O.P. No. 2 and the petitioner were good friends. The complainant had to go out of Deoghar. Since the petitioner was a gold merchant of Deoghar, the complainant-O.P. No. 2 handed over the entire gold ornaments of his wife to the petitioner for keeping the same in safe custody. In course of his business, the complainant had also borrowed money ,from the petitioner. To maintain credibility, the complainant has withdrawn Rs. 2,00,000/- from Bank of India and at that time, the petitioner was with him. Out of the said amount, Rs. 40,000/- was given to one Baneshwar Prasad Kesnri, Rs. 40,000/- to Rajendra Prasad, Rs. 15,000/- to Amarnath Jha and Rs. 9,000/- to Rabindra Nath Mishra and the remaining amount was given to the petitioner to keep the money in his locker for safety. When the complainant came back to Deoghar, he asked the petitioner to return his money and gold ornaments, but the petitioner refused to return the same. The complainant allegedly threatened by the petitioner to use an old cheque given by the complainant, in case any legal action is taken against him. According to the complainant, said cheque was handed over to the petitioner as surety against the borrowing by the complainant, but he had returned the entire borrowed money to the petitioner.

(3.) On the said allegation, it was alleged that the petitioner cheated cash Rs. 96,000/- and the gold ornaments of Rs. 50,000/-.