A.N.CHATURVEDI
D. K. Jhaver – Appellant
Versus
State Of Bihar – Respondent
A. M. Chaturvedi, J.
1. This is a petition under Sec.482 of the Code of Criminal Procedure for quashing the order dated 23.2.95 passed by Sri M. J. Islam, Judicial Magistrate, 1st Class, patna in Complaint Case No.607 (C)of 1993 whereby the learned magistrate rejected the prayer of the petitioners for appearance through their lawyer under Sec.205 of the Code of criminal Procedure.
2. It appears that opposite party no.2 Awadnesh Kumar Singh filed a complaint (annexure-1) on 4.7.94 before the Chief Judicial Magistrate, patna alleging therein that on 12.10.93 the petitioners came to his shop at 10.30 A. M. and offered Super Stockist-ship of Tablets (India) Ltd. to him (op-posite party No.2) if he immediately paid Rs.2,39,000/- in cash and the (complainant) reluctantly gave a self-cheque No.5814187 dated 12.10.93 for rs.2,39,000/- drawn on Canara Bank, gandhi Maidan, Patna to petitioner no.1 who got the same encashed through petitioner No.3. Further allegation in the complaint petition is that the complainant contacted the petitioner on various occasion and also wrote letters but he was neither awarded s. tockistship of Tablets (India)Ltd. nor the amount advanced by him was ret
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