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2013 Supreme(Jhk) 395

R.R.PRASAD
Awadesh Kumar Pandey – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the petitioner. - A.K. Kashyap, Sr. Adv. and Nagmani Tiwari.
For the O.P. No.2. - Rakesh Kumar
For the State. - APP

ORDER

By the Court.-Heard the parties.

2. This application has been filed for quashing of the entire criminal proceeding of Complaint Case No. 169 of 2011 including the order dated 11.6.2012 passed by the then Chief Judicial Magistrate. Latehar, where by and whereunder cognizance of the offence punishable under Section 420 of Indian Penal Code as well as under Section 138 of Negotiable Instrument Act has been taken against the petitioner.

3. The case of the complainant as it appears from the complaint is that the petitioner an Income Tax Lawyer known to the complainant from before, approached to her and conveyed her that the marriage of his daughter has been fixed for which he will presently require Rs. 3 lakhs and later on at the time of marriage more money would be required. He further told her that the money paid by her would be returned within two months. Believing the version of the petitioner to be true a sum of Rs. 3 lakhs was paid to the petitioner. After expiry of two months when the money was demanded a cheque of Rs. 3 lakhs was given to the complainant which on its deposit got dishonoured on account of insufficiency of fund. Thereafter a legal notice was given. On receiving





















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