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2009 Supreme(Jhk) 921

PRASHANT KUMAR
Shyam Kishore Pandey – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner:M/s Sanjay Kumar, Advocate For the Opposite Parties: APP

ORDER

This application has been filed for quashing the order dated 22.03.2005 passed in Cr. Revision No. 04 of 2005 by the Additional Sessions Judge-F.T. C.-II, Bokaro whereby and whereunder, he dismissed the criminal revision directed against the order dated 08.12.2004 passed by Judicial Magistrate, 1st Class, Bokaro in C.P. Case No. 270 of 2000.

2. It appears that a complaint petition was filed by the opposite party no. 2 alleging therein that accused had borrowed a total sum of Rs. 5,000,00/-(Five Lakhs ) from the complainant opposite party no. 2 on different dates. It is further alleged that on 05.05.2000 a cheque of Rs. 5,000,00/-(Five Lakhs) was handed over to the complainant for refund of aforesaid borrowed amount. It is further alleged that the aforesaid cheque was presented in the Bank but the same was returned to the complainant with intimation that cheque in question has been dishonoured due to insufficient fund. It is further alleged that the accused was informed about bouncing of cheque. It is further stated that in August 2000, accused-petitioner advised the complainant for presenting cheque in the Bank for encashment, as he had sufficient amount in his account. Thus,












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