Rongon Mukhopadhyay, J. - (1.) HEARD Mr. A.K. Sahani, learned counsel appearing on behalf of the petitioner, Mr. Awnish Shankar, learned counsel appearing on behalf of the opposite party No. 2 and Mr. M.B. Lal, learned counsel appearing on behalf of the State.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with Complaint Case No. 1478 of 2009 including the order dated 28.02.2011 passed by Sri Alok Kumar, learned Judicial Magistrate, Hazaribagh whereby and whereunder, cognizance has been taken for the offences punishable under Sections 406, 420, 504, 506, 120B of the Indian Penal Code and also under Sections 3(i)/(viii)/(x) of the SC & ST (Prevention of Atrocities) Act, 1989. The prosecution story as would appear from the complaint petition is that the accused received a cheque of Rs. 53,000/ - for providing cement to the complainant but the said supply was not made. It has further been alleged that even the complainant asked the accused to return the cheque the accused abused him by making insinuations about his caste. After the complaint case was instituted enquiry was conducted by the learned Judicial Magistrate and having found no case made out vide order dated 23.01.2010 the learned Judicial Magistrate, 1st Class, Hazaribagh in Complaint Case No. 1478 of 2009 was pleased to dismiss the complaint under Section 203 of the Cr.P.C.
(3.) AGAINST the aforesaid order dated 23.01.2010 a revision was preferred by the complainant -opposite party No. 2. The revisional court vide order dated 24.06.2010 was pleased to set aside the impugned order dated 23.01.2010 and the matter was remanded back to the concerned court to pass a fresh order on the point of cognizance. Pursuant to the remand a fresh order was passed on 28.02.2011 by the learned Judicial Magistrate, Hazaribagh in which processes were issued under Sections 406, 420, 504, 506, 120B of the Indian Penal Code read with Sections 3(i)/(viii)/(x) of the SC & ST (Prevention of Atrocities) Act, 1989.;