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2007 Supreme(Pat) 274

GHANSHYAM PRASAD
Raghu Nath Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard.

2. In all the four applications, petitioners as well as opposite parties are same. In all the applications, petitioners have prayed for quashing of criminal proceeding as well as orders of cognizance passed by learned C.J.M., Patna in all complaint cases bearing Nos. 897(M)/05, 534 (M)/04, 994(M)/05 and 1402(M)/05 pending in the court of Shri M.Kumar, Shri P.G. Anal, Shri Bharat Tiwari and M.Kumar, Judicial Magistrate, Patna respectively.

3. In all the four cases, the petitioners are being prosecuted under Sections 420, 406 and 409 I.P.C. alongwith Sec.138 of the N.I. Act for bouncing of four different cheques issued by the petitioners in favour of the opposite party no.2 on different dates. Petitioners are Managing Directors of M/s Baidya Nath Chemical & Carbonisation Company Private Limited, Daltonganj whereas opposite party no.2 is a Government Undertaking Corporation. Petitioners took loan of Rs. 54.50 lacs in the year 1992 from the opposite party no.2. All the four cheques bearing nos. 797818 dated 15.2.2005, 97846 dated 30.1.2005, 978417 dated 15.2.2005 and 978419 dated 15.4.2005 were issued by the petitioners towards re-payment of loan in favour of opposite


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