Md. Sarfaraz @ Sarfaraj Akhtar vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with a prayer to quash the entire criminal proceeding arising out of Complaint Case No. 10595 of 2024 including the order taking cognizance dated 02.09.2024 by which the learned Judicial Magistrate-1st Class XXVI, Ranchi has taken cognizance of the offence punishable under Section 138 of N.I. Act against the petitioner.

The brief fact of the case is that the petitioner issued a cheque to the complainant-opposite party no.2. On being presented by the complainant, the cheque was dishonoured because of insufficiency of funds in the account of the petitioner. A demand notice was given by the complainant-opposite party no.2 to the petitioner calling upon him to pay the cheque amount but the petitioner did not pay the said cheque amount. Considering the said facts, the learned Judicial Magistrate-1st Class XXVI, Ranchi found prima facie case under Section 138 of N.I. Act against the petitioner and directed the complainant-opposite party no.2 to file requisites for issue of summons.

It is submitted by the learned counsel for the petitioner that the allegations against the petitioner are all false and the complainant is not entitled to get the amount for which the cheque was issued by the petitioner. It is next submitted by the learned counsel for the petitioner that the complainant has suppressed the real land agreement between the parties and the cheque was presented for encashment by the complainant in violation of the terms and condition of the agreement entered into between the parties. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

The learned GA- III on the other hand vehemently opposes the prayer as made in this criminal miscellaneous petition and submits that all the grounds taken by the petitioner in this criminal miscellaneous petition are only the defence which the petitioner can take during the trial of the case but certainly, in exercise of the power under Section 528 of B.N.S.S., 2023, this Court cannot give any finding of fact in one way or the other. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.

Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that the undisputed fact remains that the petitioner issued a cheque to the complainant and on being presented by the complainant in bank the cheque was dishonoured. The petitioner did not pay the cheque amount to the complainant even after being demanded by the complainant by giving a notice in writing and after that the complainant filed the complaint. As rightly submitted by the learned counsel for the State; the grounds taken by the petitioner for quashing this criminal miscellaneous petition are defence of the petitioner which certainly, the petitioner can take during the trial of the case but in exercise of the power under Section 528 of B.N.S.S., 2023 this Court cannot arrive at any finding in respect of any disputed question of facts for which evidence is required to be recorded by the parties.

Under such circumstances, this Court is of the considered view that there is no merit in this criminal miscellaneous petition nor there is any justifiable reason to quash the entire criminal proceeding arising out of Complaint Case No. 10595 of 2024 including the order taking cognizance dated 02.09.2024 passed by the learned Judicial Magistrate-1st Class XXVI, Ranchi at this nascent stage in exercise of the power under Section 528 of B.N.S.S., 2023

Accordingly, this criminal miscellaneous petition being without any merit is dismissed.