- (1.) HEARD the parties This application has been filed for quashing of the entire criminal proceeding of Complaint Case No. 169 of 2011, including the order dated 11.6.2012 passed by the then Chief Judicial Magistrate, Latehar, whereby and whereunder cognizance of the offence punishable under Section 420 of Indian Penal Code as well as under Section 138 of Negotiable Instrument Act has been taken against the petitioner.
(2.) THE case of the complainant as it appears from the complaint is that the petitioner, an Income Tax Lawyer known to the complainant from before, approached to her and conveyed her that the marriage of his daughter has been fixed for which he will presently require Rs. 3 lakhs and later on at the time of marriage more money would be required. He further told her that the money paid by her would be returned within two months. Believing the version of the petitioner to be true, a sum of Rs. 3 lakhs was paid to the petitioner. After expiry of two months when the money was demanded, a cheque of Rs. 3 lakhs was given to the complainant which on its deposit got dishonoured on account of insufficiency of fund. Thereafter a legal notice was given. On receiving the notice, the petitioner again came and made promise to return the money within 15 days but subsequently a legal notice was sent whereby the petitioner denied that he had ever received money from her rather it was the petitioner who had given money to the complainant. On such allegation, a compliant was lodged which was registered as Complaint Case No. 169 of 2011 under Section 420 of Indian Penal Code as well as under Section 138 of Negotiable Instrument Act in which cognizance of the offence as aforesaid was taken against the petitioner vide order dated 11.6.2012 which is under challenge.
(3.) MR . Kashyap, learned senior counsel appearing for the petitioner, submits that accepting the entire allegation made in the complaint to be true, no offence is made out under Section 420 of Indian Penal Code, as the petitioner has never been alleged to have induced the complainant dishonesty and fraudulently to part with money and in such event, no case is made out under Section 420 of Indian Penal Code. As against this, Mr. Rakesh Kumar, learned counsel appearing for the complainant, submits that it is not that the petitioner took money from the complainant once for which the case was lodged but earlier also in the year 2008 the money had been given but he never returned and in such situation, the case of cheating is made out and, therefore, the court has rightly taken cognizance of the offences punishable under Section 420 of Indian Penal Code and under Section 138 of Negotiable Instrument Act which never warrants to be quashed.;