Pradeep Kumar Chadda @ Pradeep Chadha And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37692 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA ===========================================================
1. Pradeep Kumar Chadda @ Pradeep Chadha & Anr. Son Of B.B Chadda, Area Sales Manager (Bihar), M/S Nirmalimited, Nirma House, Asram Road, Ahmedabad
2. Somnath Chatterjee, Son Of Late Dileep Chattterjee, Resident Of Road No. 6, Gardanibagh, Patna .... .... Petitioner/s
Versus
1. State Of Bihar
2. Gupteshwar Prasad, Proprietor, M/S Ramnath Prasad, Thatheri Bazar P.SBuxar, District - Buxar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s Mr. B.K. Sinha, Sr. Advocate. Mr. Ujjwal Kumar, Adv.
Mr. Ashok kumar Verma For the State : Mr. Nawal Kishore Prasad (App) =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 04-04-2017 Heard learned counsel for the petitioners and the State. As per office note, Vakalatnama has been filed on behalf of the opposite party No. 2.
It has been submitted on behalf of the petitioners that it is totally a malicious prosecution launched by the complainant in retaliation of case filed by these petitioners against the complainant on 06-11-2008 in Gujrat vide Complaint Case No. 501 of 2008 for the offence under Section 138 read with 140 & 141 of the N.I.Act . The court below after holding an inquiry under Section 202 of the Cr.P.C. has found prima facie case against these petitioners
Patna High Court Cr.Misc. No.37692 of 2013 dt.04-04-2017 2/3 for the offence u/S 418 of the Indian Penal Code. Counsel for the petitioners has submitted that no offence u/S 418 of the Indian Penal Code is made out against these petitioners on the basis of allegation, made in the complaint as well as the solemn affirmation of the complainant. Counsel for the petitioners has drawn attention of the court towards solemn affirmation of the complainant from which, it appears that the complainant himself has stated in the solemn affirmation that he gave five blank cheques to the petitioners for business purposes with signature for the purpose of security. Thereafter, business developed and it has been stated that the petitioners made demand from the complainant of Rs. 3,68,970/- To the court question in S.A.
, the complainant has stated that there was no any written agreement between the parties for the aforesaid business. In such circumstances, on the basis of allegation as made in the complaint as well S.A. of the complainant and also looking into the background of filing of a case by the complainant on 22-11-2008 after filing of the case by these petitioners against the complainant on 06-11-2008 u/S 138 of N.I. Act, the continuance of the present case is nothing but an abuse of process of law and mere harassment to the petitioners.
Therefore, the impugned order dated 02-03-2009 including the entire criminal proceeding of Complaint Case No. 3192(C) of
Patna High Court Cr.Misc. No.37692 of 2013 dt.04-04-2017 3/3 2008 with respect to these petitioners is hereby quashed. This Cr. Misc. application is accordingly allowed. (Sanjay Priya, J) A.K.V./- AFR/NAFR CAV DATE Uploading Date Transmission Date