SHEKHAR KUMAR Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Heard the parties.

(2.) In this application, petitioner has prayed for quashing the order, dated 6.10.2015, passed by the learned District & Additional Sessions Judge-IV, Dhanbad in Criminal Appeal No. 313 of 2009, whereby and whereunder judgment and order of conviction and sentence passed by the learned Judicial Magistrate, 1st class, Dhanbad in Complaint Case No. 889 of 2006 on 10.09.2009, by which the petitioner was convicted for the offence under section 138 of the Negotiable Instruments Act and directed to undergo S.I. for six months as also to pay a compensation of Rs.5,25,000/- has been affirmed.

(3.) It is the case of the complainant that the petitioner and complainant's relation was cordial and on account of such relationship, petitioner offered for employment to a close relative of O.P. No. 2/complainant in the colliery of M/s. BCCL and both parties agreed on certain terms and conditions, at which the petitioner imposed the condition to pay Rs.5,25,000/- for employment and the same was to be paid by O.P. No. 2 to the petitioner in three equal installments and after completion of the payment, employment will be given. It is alleged that O.P. No. 2 had made payment of Rs.5,25,000/- in three equal installements but subsequently the petitioner showed his inability to get the job done and agreed to return the amount to O.P. No. 2. It is also alleged that a cheque of Rs.5,25,000/- was given to the O.P. No. 2 and on being presented the same was dishonoured and in spite of the legal notice, when petitioner failed to return back the amount of Rs.5,25,000/-, a complaint case was instituted, which was registered as C.P. Case No. 889 of 2006.