DINESH KUMAR NAIK Vs. THE STATE OF BIHAR (NOW JHARKHAND) & ORS.
LAWS(JHAR)-2012-4-203
HIGH COURT OF JHARKHAND
Decided on April 12,2012

Dinesh Kumar Naik Appellant
VERSUS
The State Of Bihar (Now Jharkhand) And Ors. Respondents

JUDGEMENT

H. C. Mishra, J. - (1.) NO one appears for the petitioner in spite of repeated calls. On earlier occasion also no one had appeared for the petitioner and as such the case was adjourned. Today also no one appears for the petitioner in spite of repeated calls. Learned counsels for the State and private O.Ps. are present. I have gone through the record. The petitioner has challenged the order dated 27.02.1999 passed by Sri N. K. Prasad, learned Judicial Magistrate, Ranchi in Complaint Case No. 40 of 1999 whereby, after enquiry in the complaint case, prima facie case was found against all the accused persons, including this petitioner, for the offence under Sections 406, 409, 420, 120B of the Indian Penal Code and Section 138 of the Negotiable Instruments Act and Section 58 (A) of the Companies Act.
(2.) IT appears from the record that the private opposite parties herein had filed Complaint Case No. 40 of 1999 against all the accused persons who were the officials of one P. S. Moneycraft And Fintech Limited, a company having it registered office at Chennai and branch office at Ranchi. The said company circulated various debenture schemes in which the complainants and other persons had invested the money and on maturity the said company had issued cheques in favour of the complainants, which when produced in the bank, were bounced. Making these allegations against all the accused persons the complaint petition was filed by the complainant opposite parties in the Court of Chief Judicial Magistrate, Ranchi, which was registered as Complaint Case No. 40 of 1999. It appears that the statement of the complainant was recorded on S. A. wherein, the case was supported and in the enquiry stage four witnesses were examined, who have also supported the case. Accordingly, on the basis of the material brought on record the Court below has found prima facie case against the accused persons, including the petitioner, and the process to be ordered against them. From the impugned order, I find that the court below has discussed the material on record which were brought by the complainants in the enquiry stage, on the basis of which, prima facie case was found against the petitioner and the other accused persons and process was ordered to be issued. I do not find any illegality and/or irregularity in the impugned order worth interference in this application. There is no merit in this petition and the same is hereby, dismissed.;


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