Rongon Mukhopadhyay, J. - (1.) Heard Mr. P.C. Sinha, learned counsel appearing for the petitioner and Mr. P.K. Sinha, learned counsel appearing for the opposite party no. 2.
(2.) In this application the petitioner has prayed for quashing of the entire criminal proceeding in connection with T.R. No. 640 of 2008 arising out of Complaint Case No. 833 of 2000 including the order dated 15.03.2004 passed by the learned Judicial Magistrate, st Class, Hazaribagh by which cognizance has been taken against the petitioner for the offence punishable u/s 420 of the Indian Penal Code.
(3.) The complaint petition which has been lodged by the opposite party no. 2 speaks that an amount of Rs. 20,000/- was given as loan to the petitioner by the opposite party no. 2 but since the same was not returned within the time as was promised by the petitioner the Complaint Case was instituted. Upon conducting an inquiry u/s 202 of the Cr.P.C. and by examining the complainant on solemn affirmation as well as the witnesses cognizance was taken for the offence punishable u/s 420 of the Indian Penal Code. It has been submitted by the learned counsel for the petitioner that the allegation made in the Complaint Petition do not make out an offence of cheating. It has also been submitted that the complainant if at all aggrieved has an alternative remedy for recovery of the amount of Rs. 20,000/-. Learned counsel therefore submits that in view of the nature of allegation the entire criminal proceeding as against the petitioner deserves to be quashed and set aside.;