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ANJANA PRAKASH
Rajuma Baudha S/o Late Ma Chainag Sen – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M/s. Devendra Prasad Sinha, Rajesh Sinha.
For the Respondents: Mr. Bhanu Pratap Singh, Mr. Arun Kumar.

JUDGMENT :

ANJANA PRAKASH, J.

1. The petitioner has sought quashing of the order dated 12.05.2008 by which the Judicial Magistrate, 1st class, Danapur, Patna, has taken cognizance under section 406 and 420 Indian Penal Code and section 138 of the Negotiable Instrument Act in Complaint Case No. 133-C of 2008.

2. The case of the complainant is that accused persons visited the complainant at his house and requested him to join as Sr. Lecturer in Awadh Institute of Dental Sciences, Lucknow, giving him hopes of its bright future. On 01.02.2007 the complainant received appointment letter duly signed by the petitioner. Pursuant to which he joined the said institute and was promoted to the post of Reader. On 13.02.2007, the petitioner allegedly gave him twelve post dated cheques in his favour against salary account after TDS for the period February, 2007 to January, 2008. In due course of time, the complainant deposited eleven cheques out of which two cheques were credited in his account but rest nine cheques were dishonoured on account of ‘stop payment’ which was reported to him by the bank official of Canara Bank, Danapur Cantt Branch. It is alleged that the act of issuance of cheques by th










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