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2011 Supreme(Jhk) 586

D.K.SINHA
Shahid Ali – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner: M/s Jai Prakash: Yogesh Modi, Mrs. Chaitali C. Sinha.
For the State : Mr. Md. Hatim.
For the O.P. No.2: Mr. Anand Kumar Sinha.

Order

The petitioner has invoked the inherent jurisdiction of this Court for quashment of the entire criminal proceedings arising out of Complaint Case No. 903 of 2007 including the order impugned dated 8.7.2010 passed by Sri. O.N. Chaudhary, Judicial Magistrate, 1st Class, Palamau at Daltonganj by which prima facie materials were found against the petitioner Shahid Ali for the alleged offence under Section 138 of the Negotiable Instruments Act, 1881 and he was called upon to answer the substance• of accusation to be explained to him.

2. The prosecution story in short, as unfolded in Complaint Case No. 903 of 2007 filed on behalf of the Complainant Opposite Party No. 2 herein before the Chief Judicial Magistrate, Palamau at Daltonganj, was that he was a contractor of Kendu leaves in the district of Latehar. The accused-petitioner also used to deal in Mohulan leaves in the same district and being the businessmen both were known to each other and had also transaction of money between them. It was alleged in the complaint petition that on 17.4.2007 the accused-petitioner Shahid Ali approached him and requested to lend him Rs. 4 lakhs for business requirement and in lieu thereof he deliv





















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