Dinesh Kumar Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33682 of 2013 Arising Out of PS.Case No. -2775 Year- 2012 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ===========================================================
1. Dinesh Kumar Kushwaha S/O Ram Chandra Singh Resident Of VillageDaudnagar, P.S- Vaishali, Distt- Vaishali, Managing Director Souransh, Resource India Pvt. Ltd., Presently Resident Of Rampur Road Near Deoshree Appartment, C/O Advocate Lakhmi Prasad, Singh, P.S- Bahadurpur, Distt- Patan. .... .... Petitioner/s
Versus
1. The State Of Bihar.
2.Shiv Prasad Singh, s/o Late Paltan Singh, r/o village Dharman Singh Koari, P.S. Ganga Bridge, District Vaishali.
.... .... Opposite Parties =========================================================== Appearance :
For the Petitioner/s : Smt. Anuradha Singh, Adv For the Opposite Party/s : Mr. Shantanu Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 04-04-2017 Heard both sides.
The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure to quash the order dated 04.10.2012 passed in Complaint Case No. C1-2775 of 2012, whereby the learned Chief Judicial Magistrate found the prima facie case under Sections 420 and 406 of the Indian Penal Code and Section 138 of the N.I. Act, against the petitioner.
The complainant alleged in the complaint petition that both the accused approached the complainant and requested him to sell the lands of Khesra No. 1411 and 1412 of Khatna No. 247 situated in mauza Kuanri Dharman Singh @ Kunari Bujurg falling under the jurisdiction of Ganga Bride P.S., Hajipur, District Vaishali, for consideration amount of Rs. 19,10,000/-. Rs. 13,00000/- was paid through cheque but when the cheques were presented, the same was
Patna High Court Cr.Misc. No.33682 of 2013 dt.04-04-2017 2/2 not honoured. The accused persons issued another cheques but all the cheques were dishonoured.
Learned chief Judicial magistrate on perusal of the complaint and statement of witnesses, found prima facie case against the accused under Sections 420 and 406 of the Indian Penal Code and Section 138 of the N.I. Act by his order dated 04.10.2012. Learned counsel for the petitioner has assailed the order on the ground that the agreement was arrived at between the parties, which is annexed as Annexure-4, to this petition and the complainant has got the entire amount. The prima facie case under sections 420, 406A of the I.P.C and 138 of the N.I. Act was found on the basis of material collected during inquiry under Section 202 of the Cr.P.C. The agreement shows that money has already been returned but the document was not before the court at that stage and same document is not admitted by the complainant, no illegality is shown in the order impugned.
Having considered the facts aforesaid, I do not find any illegality in the order dated 04.10.2012. It is, accordingly, dismissed.
(Prabhat Kumar Jha, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 18.04.2017 Transmission Date 18.04.2017