Harish Chandra Mishra, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has filed this application for quashing the entire criminal proceeding against him in C.P. Case No. 12154 of 2014, including the order dated 25.2.2015 passed therein, by learned Sub -Divisional Judicial Magistrate, Dhanbad, whereby prima facie offence under Ss. 406, 420/34 of the Indian Penal Code has been found against the petitioner.
(2.) The complaint petition has been brought on record, which shows that in the complaint petition, there is direct allegation against the petitioner to have received Rs. 8,00,000/ - from the complainant and to have executed an agreement for sale of land. The land was not sold to the complainant and thereafter the petitioner gave a cheque of Rs. 10,00,000/ - to the complainant, which subsequently bounced. The complainant had also separately filed a complaint case being C.P. Case No. 11998 of 2014 for the offence under Sec. 138 of the N.I. Act against the petitioner. Alleging that the accused persons, including the petitioner, in convenience (sic - -connivance?) with each other, had with fraudulent intention cheated and misappropriated the money of the complainant, the present complaint case has been filed.
(3.) Learned counsel for the petitioner has submitted that the dispute between the parties, of executing an agreement for sale of land, is absolutely of civil of nature and for bouncing of the cheque, a separate complaint case has been filed against the petitioner. It is also submitted that the present case has been maliciously filed against the petitioner giving a colour of criminal offence to the dispute between the parties, which is actually of civil nature, and accordingly, the criminal proceeding against the petitioner is fit to be quashed. In this connection, learned counsel has placed reliance upon a decision of the Supreme Court in G. Sagar Suri & Another v/s. State of U.P. & Others, reported in : (2002) 2 SCC 636. Learned counsel has accordingly, prayed for quashing the entire criminal proceeding against the petitioner.;