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D.N.PRASAD
Pranesh Kumar – Appellant
Versus
State of Jharkhand – Respondent


Counsel for the parties:
For the Petitioners: Mr:Rajesh Kumar, Mr. Oeepak Kumar Bharati and Miss. Amrita Sarkar, Advocates.
For the Respondent: APP.

ORDER

D.N. Prasad, J. - This application has been filed under Section 482 of the Code of Criminal Procedure (hereinafter to be referred to as "the Code") for quashing the order dated 18-8-2000 passed by the Chief Judicial Magistrate. Jamshedpur in Complaint Case No. 655 of 2000 whereby and where under the learned Chief Judicial Magistrate took cognizance of the offence under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

2. A complaint case was filed On behalf of M/s. Gopal Agency alleging therein that the petitioner being the proprietor of M/s. FINA LUBRICANT LTD. is dealing with the business of lubricants and husks and for the purpose of business dealing the petitioner has opened an account in the State Bank of India. Bart Pahari Branch. Biharshar if vide A/C No. CO 91 and has been granted by the Bank a cheque book which started from cheque Book No. 236481 onwards. In course of dealing with the business a substantial amount fell due payable to the complaint and thereafter the petitioner issued the following cheques in favour of the complaint:

TABLE

Sl. No.

Cheque No.

Date

Amount

Payable on

1.

236482

14-1-2000

3,00,000/-

State Bank of India, Bari-Pahar


















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