SHYAM KISHORE PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 22.03.2005 passed in Cr. Revision No. 04 of 2005 by the Additional Sessions Judge - F.T. C. -II, Bokaro whereby and whereunder, he dismissed the criminal revision directed against the order dated 08.12.2004 passed by Judicial Magistrate, 1st Class, Bokaro in C.P. Case No. 270 of 2000.

(2.) IT appears that a complaint petition was filed by the opposite party no. 2 alleging therein that accused had borrowed a total sum of Rs. 5,000,00/ -(Five Lakhs ) from the complainant opposite party no. 2 on different dates. It is further alleged that on 05.05.2000 a cheque of Rs. 5,000,00/ - (Five Lakhs) was handed over to the complainant for refund of aforesaid borrowed amount. It is further alleged that the aforesaid cheque was presented in the Bank but the same was returned to the complainant with intimation that cheque in question has been dishonoured due to insufficient fund. It is further alleged that the accused was informed about bouncing of cheque. It is further stated that in August 2000, accused -petitioner advised the complainant for presenting cheque in the Bank for encashment, as he had sufficient amount in his account. Thus, as advised by the accused -petitioner, complainant again presented the said cheque in the Bank on 14.08.2000 for encashment, but, the same was again returned to the complainant with a note of insufficient fund. It is stated that thereafter on 21.08.2000 the complainant had issued a legal notice which was received by the accused -petitioner on 28.02.2000, but he did not pay the amount mentioned in the cheque and accordingly, the complainant went to police station for lodging First Information Report, but local police asked the complainant to file complaint petition. Thereafter present complaint has been filed.

(3.) IT is an admitted position that in the present case cognizance was taken on the basis of complaint petition. Therefore, in the instant case procedure prescribed under Section 244 to 246(1) will be applicable for framing of charge. Sections 244,245 and 246(1) runs as follows : -