Rongon Mukhopadhyay, J. - (1.) Heard Mr. Gautam Kumar, learned counsel for the petitioner and Mr. S. K. Laik, learned counsel for the opposite party No. 2.
(2.) In this application, the petitioner has prayed for quashing of the entire criminal proceeding in connection with Protest cum Complaint Petition No. 1750 of 2013 including the order, dated 10.07.2014 passed by the learned Judicial Magistrate 1st class, Dhanbad whereby and whereunder cognizance has been taken for the offence punishable under Sections 418/406 of I.P.C.
(3.) A complaint case was instituted by the complainant - opposite party No. 2 on 27.02.2013 alleging therein that the petitioner and the complainant were having friendly relations since long and the complainant was having the business of cement etc at Bhuli. It has been alleged that on the request of the petitioner in the month of May 2009, the complainant had given a friendly loan of Rs. One lac to the petitioner on the assurance that the same shall be returned within a month. In order to clear the debt, the petitioner issued a cheque No. 18353, dated 11.06.2009 for an amount of Rs. One lac in favour of the complainant payable at Bank of India, Bhuli branch. It has been alleged that on presentation the cheque got dishonoured on account of insufficiency of funds. The complainant has also alleged that the petitioner had fraudulently and dishonestly cheated the complainant.;