- (1.) HEARD learned counsel appearing for the petitioners, learned counsel for the opposite party No. 2 as well as learned counsel for the State.
(2.) ON amongst the other the order dated 19.06.2007, passed by the learned Judicial Magistrate, 1st Class. Bokaro in C.P. Case No. 597 of 2005, whereby and whereunder cognizance of the offence has been taken under/Section 418 of the Indian Penal Code are under challenge. The case of the complainant as it appears from the complaint petition is that the complainant gave a friendly loan of Rs.1,00.000/ - to the petitioner (accused No.1), a childhood friend of the complainant. The brother (accused No.2) and the father (accused No. 3) of the petitioner stood guarantor for repayment of the amount. At the time of taking loan, a post dated cheque was given by the petitioner. Since the cheque was dated 20.10.2004, it was intended to be presented before the Bank after 20.10.2004, for its encashment, but before its presentation, the accused persons asked the complainant to present it before the Bank in the month of January, 2005. However, in the month of January, 2005, the petitioner again persuaded the complaint to present it after some time. However, the cheque on its presentation got dishonoured. Thereupon, a complaint was lodged, alleging therein, that the petitioners have committed offence under Sections 418 and 420 read with Section 120 -B of the Indian Penal Code. That complaint got dismissed.
(3.) BEING aggrieved with the order, dismissing the complaint, the complainant preferred a revision application which was allowed, whereby, the matter was remanded for further enquiry. Thereupon, the cognizance of the offence under Sections 418/134 of the Indian Penal Code was taken against the petitioners which is under challenge.;