SHAMSHUL HASSAN, J.

1. The petitioner in this application seeks their quashing of the order, dated 18.8.1979, by which charge has been framed against him and also the entire proceeding in the court of Judicial Magistrate, 1st class, Patna in GR. No. 963/76. Monghyr Town P.S. Case No. 43(8)76. By the aforesaid order dated 18.8.1979 charge has been framed under section 420 and 409 of the Indian Penal Code (hereinafter referred to as the Code).

The petitioner admittedly is an agent for the sale of lottery tickets of the Government of Bihar. Though this fact has not been stated in the First Information Report, it has not been challenged by the petitioner. The sale for tickets for Bihar Lottery was governed by Government instructions, which were modified from time to time. The prosecution of the petitioner in this case relates to the 62nd draw. The Petitioner, it is alleged received tickets worth Rs. 33,364/- from the District Lottery Officer and paid the amount by two cheques being cheque no. HD/24- 255521 dated 8.11.1975 and BD/24-2555 dated 30.11.1975. On receipt of these cheque–the petitioner was handed over the tickets for the aforesaid draw. These cheques on presentation to the Bank were dishonoured. On the basis of the allegation to the First Information Report lodged on 31.8.1976 after investigation cognizance was taken and charge was framed. The First Information Report is as follows and needs to be cited in view of the points raised by the parties in this case.

To

The Officer Incharge

Town P.S. Monghyr

Sir,

The Government letter no. BSL, 107/74-4714 dated 25th November 1974 of the Government of Bihar Lottery Department made it clear that the value of Lottery tickets may be accepted through cheques from the Agents.

That for 62nd draw Monghyr District Lottery Office sold lottery tickets of a value of Rs. 33364/- to Shri H.K. Sahay of Hirapur Dhanbad against two cheques viz. HD/24-255521 dated 8.11.1975 for a sum of Rs. 27360/- and BD/24-2555 dated 30.11.1975 for a sum of Rs. 6004/-.

That the aforesaid two cheques were sent to Bank of India, Petarhar through the local State Bank of India, Monghyr on 21.12.1975 and 17.12.1975 respectively. Shri H.K. Sahay Proprietor of State Lottery Agencies, Hirapur, Dhanbad, had no money in deposit in the Hank. Consequently the said cheques were dishonoured and the cheques were returned on 20.12.1975 and 1.1.1976 respectively.

That the District Lottery Officer, Monghyr informed the Director of Lottery Patna in the statement of accounts relating to 62nd 63rd and 64th draw of the office memo no. 211 dated 10.12.1975, 20 dated 25.2.1976 and 45 dated 24.3.1976 and also by letter no. 013 dated 14.2.1976 in reply to Director Letter No. 773 dated 31.1.1976 that a sum of Rs. 27164/- after deducting an amount of Rs. 6200/- already realised and adjusted against the previous total dues of Rs. 33364/- still remains out standing dues with Sri H.K. Sahay.

That it may be mentioned that the Accountant District Lottery Office. Monghyr contacted Sri H.K. Sahay and his staff several times for payment of the outstanding dues. But the accountant could not realise any thing more than Rs. 6200/- as mentioned above. Sri H. K. Sahay and his staff continued to make promise to pay the outstanding dues of Rs. 27164/- but the same was not paid.

That it is clear from the above said facts and circumstances that Shri H.K. Sahay and his associates by making fraudulent representation that they had cash in Deposit with State Bank of India Peter bar Branch and by issuing the said cheques dishonestly induced the then DLO Monghyr, Shri Nitya Ranjan Vasntiyar to deliver proper ties viz. Lottery Tickets of 53rd draw cheated the Director of Lottery and then made themselves punishable under section 406 and 409 I.P.C.

It is, therefore prayed that the case may kindly be instituted against Shri H.K. Sahay and others and investigation may kindly be started against them and proper action may kindly by taken.

Sd–

Amranjan Pd. Singh

Distric