RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. H. K. Shikarwar, learned counsel for the petitioners and Mr. A. K. Kashyap, learned senior counsel for the informant.
(2.) In this application, petitioners have prayed for quashing the entire criminal proceedings in connection with Chirkunda (Maithan) P. S. Case No. 17 of 2013 corresponding to G. R. No. 281 of 2013 including the order dated 01.07.2013 passed by the learned Chief Judicial Magistrate, Dhanbad whereby and whereunder cognizance has been taken for the offences punishable under Sections 420, 406, 467, 468, 469, 474 & 120/34 of the Indian Penal Code.
(3.) The prosecution story in brief which arises initially out of a complaint case is that, the complainant and his family members carried on business with the accused no. 1 and 2 in the name and style of "Shivam Soft Coal Industries", M/s. Bhabhia Coal Company and Bundel Coal Company. It has been stated that the complainant has given security cheques bearing nos. 749070 and 749067 along with some other cheques out of which one was cheque no. 749068 & the other was 749069, both of Oriental Bank of Commerce, Shastri Nagar Branch, Dhanbad on demand of accused persons against future risk. It has been stated that the amount and columns of the cheques were not filled up by the complainant. It has been alleged in the complaint petition that the accused no. 1 surreptiously presented the cheques bearing nos. 749068 and 749069 in connivance with the accused nos. 3, 4 & 5 in the bank account of accused nos. 4 & 5 for encashment, whereas the complainant has no outstanding dues payable to them. The complaint petition, thereafter, reveals that the complainant was surprised to receive the notices threatening him of prosecution for dishonour of the said cheques. It has also been alleged that the accused nos. 1 and 2 in connivance with the accused nos. 3, 4, & 5 with an intention to cheat the complainant forged the cheques and on dishonour, notices were issued to the complainant.;