Anil Kumar Sinha, J. – The present writ application has been filed for quashing the First Information Report, bearing Triveniganj Police Station Case No. 29 of 2019, lodged by respondent no. 3 against the petitioners, registered for the offences punishable under Sections 420/341/323/384/379/504/506/34 of the Indian Penal Code.

2. The brief facts, involved in the present case, is that a cheque was issued by respondent no. 3 in favour of petitioner no. 1 towards the settlement of account/dues, which had accrued in course of business transaction between the two, The cheque issued by the respondent no. 3 got dishonoured when it was produced for its encashment before the bank due to ‘insufficient fund’.

3. The petitioner no. 1 served legal notice to respondent no. 3 for dishonour of cheque on 28.04.2018 and thereafter lodged a complaint case, bearing Complaint Case No,. 615 of 2018 on 01.06.2018, under Section 138 of the Negotiable Instruments Act, 1881, and Section 420 of the Indian Penal Code against the respondent no. 3 before the Chief Judicial Magistrate, Deoghar, in which cognizance was taken against the respondent no.3 under Section 138 of the Negotiable Instruments Act, 1881, on 24.11.2018.

4. It is the case of the petitioners that in retaliation and as a counter blast of the Complaint Case No. 615 of 2018 filed by the petitioner no. 1, respondent no. 3 has lodged Triveniganj Police Station Case No. 29 of 2019.

5. The First Information Report, in question, has been lodged on the basis of written complaint of respondent no. 3, which states that the respondent no. 3 is the proprietor of M/s Balaji Traders and while he was going to Supaul, he lost some signed letter pads of his firm and also blank singed cheques in front of Triveniganj block on the main road. The respondent no. 3 informed about the lost blank cheques to the Branch Manager, State Bank of India, Triveniganj Branch, on 28.07.2017 and also requested for change of his signature. An information to the Station House Officer, Triveniganj Police Station, was also given by the respondent no. 3 on 05.08.2017. It has further been alleged that the petitioners, having found the lost blank signed cheques, tried to withdraw a sum of Rs. 44,14,006/-, representing themselves to be the partners of M/s Balaji Traders and got the cheque dishonoured.

6. The respondent no. 3 further states in the First Information Report that he came to know about the dishonouring the said cheque when he was served with the legal notice, dated 28.04.2018, to which he gave his reply and also contacted the petitioners asking them the reason behind their illegal act. He also requested the petitioners to return the letter pads and cheques to him. It has further been alleged that on 27.01.2019, at about 5 PM, when respondent no. 3 confronted the petitioners, he was abused, assaulted and threatened to part with a sum of Rs. 50 lakhs as rangdari or be ready to face dire consequences. The respondent no. 3 tried to escape, but he was held by the petitioner no. 5, Vijay Kumar, and the petitioner no. 3, Palash Das, on the gun point, threatened him not to raise hulla, the petitioner no. 5 snatched a gold chain, worth Rs. 50,000/- and the petitioner no. 6, namely, Raksha Verma snatched the hand bag of the respondent no. 3, containing documents of his firm and cash of Rs. 80,000/-.

7. Learned Counsel for the petitioners argued that the impugned First Information Report has been lodged as a counter blast to the Complaint Case No. 615 of 2018 filed by the petitioner no. 1 and out of sheer malice and to take vengeance. The respondent no. 3, against whom, cognizance has been taken under Section 138 of the Negotiable Instruments Act, 1881, by the Judicial Magistrate, 1st Class, Deoghar, has filed the present First Information Report for creating defence in the complaint case. The complaint case was filed by the petitioner no. 1 on 01.06.2018 and thereafter as an after thought, the present First Information Report has been l