DURGA DEVELOPERS PVT LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Vikas Pandey, learned counsel appearing for the petitioners, Mr. Kaushik Sarkhel, learned A.P.P. for the State and Mr. Janak Kumar Mishra, learned counsel appearing for the opposite party No. 2.

(2.) In this application, the petitioners have prayed for quashing the entire criminal proceedings including the order dated 23.03.2013 passed by learned Judicial Magistrate, Hazaribagh in connection with Complaint Case No. C-1474/2012, whereby and where under, cognizance for the offences punishable u/s 138 of the Negotiable Instruments Act and Section 420 and 406 of the Indian Penal Code (IPC) has been taken.

(3.) A complaint case was instituted by the opposite party No. 2 in which it was alleged that a Flat was booked by opposite party No. 2 for which huge amount was deposited but subsequently the booking of said flat was cancelled by the petitioners. Upon cancellation, the complainant demanded his money and pursuant thereto four post dated cheques were given to the complainant, but on presentation of the cheque No. 035345 amounting to Rs. 6,40,000/-, the same stood dishonoured due to insufficient fund, which lead to institution of the complaint case.