By this application under Section 482 of the Code of Criminal Procedure, 1973, for short, ‘the Code’, the petitioner prays for quashing of the order dated 10.8.2012, passed by the Additional Chief Judicial Magistrate, Lakhimpur, in G.R. Case No.183/2012, framing charge against him under Section 406/420 IPC and subsequent orders passed thereon including the proceeding itself, now pending in the court of learned Additional Chief Judicial Magistrate, Lakhimpur.

2. Heard Mr. M.Sarma, learned counsel for the petitioner. Heard also Mr. M. Choudhury, learned counsel for the opposite party No. 2. None appears for the State of Assam, arrayed as opposite party No.1.

3. The opposite party No.2, as an informant, filed an ejahar before the Officer-In-Charge, Narayanpur Police Station. The Ejahar reads as follows:

“With due respect I would like to state that on 19.7.2010 the above named accused came to my house at around 10 A.M. and took an amount of Rs.11,00,000/- (Rupees Eleven Lakh) only due to his urgent financial need and entered into an agreement with a promise to return the amount after six months. Out of above, he returned Rs.4,00,000/- (Rupees Lakhs) only at my residence after around 3(three) months from the aforesaid date. The balance amount of Rs.7,00,000/- (Rupees Seven lakhs) only was not returned and when the accused was insisted upon, he abused with some offensive language with a threatening to cause physical injury to me and tried to misappropriate the amount. It is known that, besides me the accused has taken money from other persons with an inducement to give jobs to them.

Therefore your Honour may be pleased to take appropriate actions by investigating the matter.

Signature of the informant

Sd/ Himeswar Bora”

4. On the basis of the said ejahar, Narayanpur Police Station Case No.18/2012 under Section 406/420 IPC was registered.

5. The statement of the opposite party No.2 was recorded under Section 161 of Cr.PC and his statement, recorded in vernacular and a translated copy thereof, are annexed as Annexure-E to the petition. Translated typed copy, though substantially correct, contains some errors in translation. In his Section 161 Cr.PC statement, the opposite party No.2 had stated that the petitioner had taken a loan amount of Rs. 11 lakhs in the year 2009 from his residence (year written as 2007 in the translated copy) on the plea that the petitioner was in urgent need of money and he promised to refund the said amount within a period of six months. The petitioner had returned a sum of Rs. 4 lakhs within a period of three months and when the balance amount was asked for, the petitioner had issued two cheques of Rs. 3 lakhs each, dated 29.5.2010 and 11.6.2010. When he enquired with the North Lakhimpur Branch of SBI, he came to learn that the cheques were fake and the petitioner in his A/c No. 11015784124, had no money. Finding no alternative, he lodged a complaint against the petitioner before the Bihpuria Police Station. Acting on the said complaint, police personnel of Bihpuria Police Station called both of them to the police station on 29.7.2010 and the petitioner executed a document promising to pay the balance amount. Even thereafter, the petitioner did not return the amount. Coming to know that the petitioner was coming from Jorhat to his residence via Dhalpur Jamuguri Ghat, he took the assistance of the services of Dhalpur Police Station and the police personnel of Dhalpur Police Station took the petitioner into custody and produced him before Bihpuria Police Station. Bihpuriha Police Station had sent the petitioner to Narayanpur Police Station and accordingly, he lodged the ejahar. Police seized the two fake cheques in question, copy of the agreement evidencing receipt of loan and a document written in the hand of the petitioner acknowledging receipt of six lakhs from him. It is also stated that he had signed in the said seizure list.

6. A perusal of the aforesaid statement would go to sho