D.K.SINHA, J. - (1.) THE petitioner Naren Kumar Modi and Ganesh Modi @ Soman Kumar Modi have preferred this petition for quashing of the entire criminal proceeding as well as the cognizance order impugned dated 10.1.2003 passed by the Court of C.J.M. Dumka in Dumka (Town) P.S. Case No. 194/2002 corresponding to G.R. No. 1114/02.
(2.) ON the receipt of the notice of the Court the O.P. No. 2 appeared and filed counter -affidavit. Petitioners have also filed supplementary affidavit, which are on the record. It has been alleged by the informant O.P. No. 2 that both the petitioners had been supplying coal, stone cheeps, bricks and sand etc. for the last three years by their truck No. BEH 8353 and in lieu of that the informant paid the freight of the truck to the tune of Rs. 1,53,714/ - and by way of advance as loan to do their business, a sum of Rs. 2,40,000/ -, total Rs. 3,93,714/ -in cash. Later on in the month of January, 2003 when the O.P. No. 2, approached the petitioner No. 2 herein to take back his money it is stated that the petitioner No. 2 issued two cheques No. 0423268 and 0423269 for Rs. 1,00,000/ - in the name of Central Bank Chapakandar Branch and further two cheques vide No. 715149 and 715147 of Rs. 1,00,000/ - from the account No. CA 2081 Maa Enterprises in the name of State Bank of India to him. When the cheques drawn on Chapakandar Branch of Central Bank of India presented for withdrawal it was stated that there was no money in the account of the petitioners whereas on presentation of the cheques in State Bank of India it was stated that there was no account of such number as mentioned in the cheque. When the O.P. No. 2 enquired and asked the petitioners for the money, it was refused by the petitioners. On the basis of the written report of informant O.P. No. 2 Dumka (Town) P.S. Case No. 194/02 was registered for the offence under Section 406/419 as also under Section 420 of Indian Penal Code.
(3.) LEARNED counsel for the petitioners submitted that no documentary evidence was produced on behalf of the O.P. No. 2 in support of the allegation that the petitioners had actually taken loan of Rs. 2,40,000/ - from the O.P. No. 2 and therefore, they have not committed any offence as alleged rather they have been implicated due to their business rivalry.;