Arun Kumar Ray vs State Of Bihar And Anr

Heard learned counsel for the petitioner and the learned counsel for the State.

This application, under Section 482 of the Code of Criminal Procedure, has been filed for quashing the order dated 18.04.2019 passed in Trial No.

7394 of 2018 arising out of Bairgania P.S. Case No. 259 of 2018, whereby and whereunder, the learned Chief Judicial Magistrate, Sitamarhi, on

perusal of the materials available in the case diary, took the cognizance of the offence punishable under Sections 406 and 420 of the Indian Penal

Code against the petitioner.

The facts leading to the present petition is that opposite party no. 2, Dhiraj Kumar, lodged Bairgania P.S. Case No. 259 of 2018, on 18.11.2018, for

the offence under Sections 406 and 420 of the Indian Penal Code with contention that petitioner had taken Rs.80,000/- in the month of January, 2018

from the opposite party no. 2 on assurance to return the same till the month of July, 2018. On 27.07.2018, petitioner handed over a cheque no. 006149

of Allahabad Bank, Pachatkidahu, to the opposite party no. 2 and thereafter, the said cheque was presented by the opposite party no. 2 in the Bank for

credit in his account but the same was dishonoured due to insufficient balance. Thereafter, opposite party no. 2 informed the petitioner and made

request to return the money then petitioner prayed for some time. Thereafter, after some time on the suggestion of the petitioner, opposite party no. 2

again presented the cheque in the Bank for credit the amount in his account but the same was again dishonoured due to insufficient balance. After

investigation, the police submitted the charge sheet in the court of Chief Judicial Magistrate, Sitamarhi, for the offence punishable under Sections 406

and 420 of the Indian Penal Code. Thereafter, the learned Chief Judicial Magistrate, Sitamarhi, on perusal of the case diary took cognizance of the

offence in the aforesaid sections through the impugned order dated 18.04.2019.

Learned counsel for the petitioner submits that, in fact, the legal notice was issued to the petitioner by the informant detailing due of Rs.40,000/- but

in the F.I.R., the due amount is detailed as Rs.80,000/-. It is, further, submitted that since the allegation has been made in the FIR is related to the

offence under Section 138 of the Negotiable Instruments Act, 1881, hence, the court is only required to take the cognizance of the offence on the

basis of complaint petition according to Section 142(A) of the Negotiable Instruments Act.

On perusal of the F.I.R. and the impugned order, it appears that on the basis of Fradbeyan of opposite party no. 2, Bairgania P.S. Case No. 259 of

2018 was instituted under Sections 406 and 420 of the Indian Penal Code against the petitioner and on investigation, the charge sheet was also

submitted and thereafter, on perusal of the materials available in the case dairy, the learned Chief Judicial Magistrate, Sitamarhi, took cognizance

against the petitioner for the offence punishable under Sections 406 and 420 of the Indian Penal Code.

As such, I find no illegality in the impugned for interference with same by exercising the power under Section 482 of the Code of Criminal

Procedure.

Accordingly, this application stands dismissed.