SMT. JONALIL DAS SAIKIA Vs. SRI KIMFA S. MARBANIANG
LAWS(MEGH)-2013-11-19
HIGH COURT OF MEGHALAYA
Decided on November 19,2013

Smt. Jonalil Das Saikia Appellant
VERSUS
Sri Kimfa S. Marbaniang Respondents

JUDGEMENT

- (1.) By means of this petition moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have challenged the proceedings of C.R. Case No. 66(s)/2012, Kimfa S. Marbaniang v. Shri Dipjyoti Saikia and 2(two) others relating to offences punishable under Sections 138/142 of the Negotiable Instrument Act, 1881 and under Sections 420/406 IPC pending in the Court of Judicial Magistrate, First Class, Shillong (R.Rymbai).
(2.) Brief facts of the case are that respondent Kimfa. S.Marbaniang filed a criminal complaint before the Chief Judicial Magistrate, Shillong respect of offences punishable under Sections 138/142 of the Negotiable Instrument Act, 1881 and under Sections 420/406 IPC against Shri Dipjyoti Saikia and 2(two) others (namely, Smti Jonali Das Saikia and Shri Bhaskar Jyoti Bordoloi, both present petitioners before this Court).
(3.) Learned counsel for the petitioners submitted that from the copy of the criminal complaint which is annexed as Annexure "A" to the petition, it is apparent that drawee of the cheque in question was Shri Dipjyoti Saikia (accused No.1) shown in the complaint, not the present petitioners who are added as accused No.2 and No.3. It is stated that from the criminal complaint itself it is evident that they have no role in the offences said to have been committed by Shri Dipjyoti Saikia who allegedly issued both the cheques to the complainant, Kimfa S. Marbaniang which are said to have been dishonoured on presentation before the Bankers. Only allegation made against the petitioner in the C.R. is in para 14 in which it is alleged that they were beneficiary of the loan transaction, said to have been taken by accused No.1 from the complainant. It is pointed out that from the statement recorded under Section 200 of Code of Criminal Procedure, 1973 by the Magistrate that no averment has been made against the present petitioners.;


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