Rongon Mukhopadhyay, J. - (1.) HEARD Mr. A.K. Kashyap, learned senior counsel for the petitioner, Mr. P.P.N. Roy, learned senior counsel for the opposite party No. 2 and Mr. M.B. Lal, learned counsel for the State.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with Markacho P.S. Case No. 116 of 2013 which has been registered for the offence punishable under Sections 420, 406 of the Indian Penal Code and Section 138 of the N.I. Act. A complaint petition was initially filed which was subsequently sent to the police for registering an F.I.R. and the allegations which has been made is that the accused had approached the informant for selling the land situated in Mouza Gharthamba in the district of Giridih and the accused had sold the land and the informant had given Rs. 40,00,000/ - for the said land on the assurance that either the land will be given to the informant or the accused shall return the money to the informant. It has further been alleged that the informant came to know that the land in question is a disputed land and the accused had returned Rs. 12,00,000/ - out of Rs. 40,00,000/ - to the informant and assured that Rs. 3,00,000/ - will be returned in cash after three months. It has also been alleged that several cheques amounting to Rs. 25,00,000/ - drawn on the State Bank of India were given to the informant. On presenting two cheques to the bank the same were dishonoured with an endorsement "insufficient fund". It is alleged that when the informant met the accused, he was assured by the accused that the money will be paid and, thereafter, three separate cheques were given which on presentation to the bank also became dishonoured and when the informant met the accused, the accused threatened the informant and refused to return back the money.
(3.) ON the basis of the aforesaid allegations Markacho P.S. Case No. 116 of 2013 corresponding to G.R. No. 861 of 2013 was registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code and Section 138 of the N.I. Act.;