- (1.) HEARD learned counsel appearing for the parties. This application has been filed for quashing of the entire criminal proceeding of Complaint Case No.1288 of 2011 including the order dated 29.3.2012 whereby and whereunder cognizance of the offence punishable under Sections 406/ 120B/ 34 of the Indian Penal Code has been taken against the petitioners.
(2.) THE case of the prosecution, in brief, is that when the complainant produced a cheque of Rs.1,48,000/ - before the Bank, it was deposited in the account of the complainant but before the complainant could withdraw that amount, an intimation was given by one Navin Singh the drawer of the cheque, that the said amount has been withdrawn fraudulently and therefore, payment for the complainant be stopped. Acting on his advice, the amount was returned back to the account of Navin Singh. On such allegation, a compliant was filed upon which when the cognizance was taken, it has been challenged before this Court. Mr.Rajesh Kumar, learned counsel appearing for the petitioners submits that accepting the entire allegation to be true, no offence is made out under Section 406 of the Indian Penal Code as the petitioners, in the facts and circumstances, have never been alleged to have converted that amount to his own use and in absence of that ingredient, no offence under Section 405 is made out.
(3.) A counter affidavit has been filed wherein same fact has been reiterated which is there in the complaint petition.;