- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State.
(2.) THIS application has been filed under Section 482, Cr PC for quashing the order dated 19.5.2006 passed to Complaint Case No. 113 of 2006 by the learned Judicial Magistrate, 1st Class, Ranchi whereby and whereunder cognizance of the offences under Sections 420, 468 and 120 -B of the Indian Penal Code has been taken against the petitioner and other accused persons. The facts giving rise this application is that the complainant -proprietor of M/s. A.S. Enterprises dealing in the drugs manufactured by Themis Pharmaceuticals' issued a cheque of Rs. 25,062/ - in course of the business on 20.2.2004 in favour of Themis Pharmaceuticals of its current account bearing Account No. 20012 at Canara Bank, Ratu Road, Ranchi and the accused No. 1, Samir Shah, the Managing Director, Themis Pharmaceuticals presented the said cheque before his banker -H.D.F.C. for his encashment which was sent to the petitioner's bank for clearance but it was dishonoured with the endorsement "Not arranged for/Exceeds arrangement' meaning thereby that the complainant had no such amount in his account.
(3.) FURTHER case is that after some days, the said cheque was again presented by the accused No. 1, Samir Shah, the Managing Director, Themis Pharmaceuticals but again it got dishonored when it was presented before the Canara Bank, Thereafter, it is the case of the complainant that after expiry of six months of the issuance of the cheque, it was cleared by the petitioner's bank causing loss to the complainant and that too by making some forgery with respect to date of the cheque and thereby, a complaint case was lodged and after inquire was made under Section 202, the Court did not find prima facie case against the petitioner and other accused persons and hence, took cognizance under Sections 420, 468 and 120 -B of the Indian Penal Code.;