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AKHILESH CHANDRA
Chandrabhushan Prasad Sharma Son Of Sri Triyugi Narayan Singh – Appellant
Versus
State Of Bihar – Respondent
The specific details of the business transaction involved in this matter are not explicitly provided in the available references. However, it can be inferred that the transaction was of such a nature that it led to allegations under sections of the Indian Penal Code, suggesting that there were disputes or issues arising from the transaction that prompted criminal proceedings. Ultimately, the court determined that the dispute was of a civil nature, indicating that the transaction involved rights and obligations typically resolved through civil law rather than criminal law (!) (!) .
Akhilesh Chandra, J.
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. None appeared on behalf of the opposite party no. 2 in spite of earlier appearance by filing Vakalatnama and display of name of learned counsel in the daily list.
2. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 9.1.2004 passed in Trial No. 455 of 2004 arising out of Complaint Case No. 1050 of 2002 by Judicial Magistrate, 1st Class, Gaya taking cognizance against the petitioner for the offence under Sections 420, 406 & 467 of the Indian Penal Code.
3. Undisputedly, there was some business transaction between the petitioner and the opposite party no. 2. There was one cheque for Rs. 2,11,000/- issued by the complainant in favour of the petitioner with respect to the same inclusive of other transactions. There were earlier correspondences between the parties by way of legal notice and reply as mentioned in the complaint petition itself.
4. The petitioner on getting the cheque aforesaid bounced filed Complaint Case No. 878(C) of 1999 before the Chief Judicial Magistrate, Nalanda at Biharsharif and
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