ORDER :

Cr. M.P. No.2635 of 2017

Petitioner, in this application, has prayed for quashing the order dated 04.07.2016 passed by the Judicial Magistrate First Class, Palamau at Daltonganj, whereby cognizance of offence under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act was taken and thereafter summons were issued to the petitioner. Further, he challenges the order dated 13.06.2019 passed by the Judicial Magistrate First Class, Palamau at Daltonganj whereby the petition under Section 239 read with Section 245 of the Code of Criminal Procedure of the petitioner was dismissed. Vide order dated 14.10.2019 of this Court, the aforesaid order was also allowed to be impugned in this criminal miscellaneous petition.

2. The criminal proceeding arises out of complaint case being Complaint Case No.1839 of 2015, instituted by the opposite party No.2 against the petitioner for allegedly committing an offence under Sections 420, 406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. The complainant in the complaint petition stated that this accused person was studying with the daughter of the complainant at London. After completion of his studies, he settled at Bengaluru and started to work there. As a result of their earlier friendship, this petitioner also became acquainted with the accused person, as he was very cordial with the family of the complainant. The accused came to know that the complainant was also doing business. The accused came to Daltonganj and asked for Rupees One Crore from the complainant so that he could use the same in his business as the accused did not have money by that point of time. The complainant further stated that because of the closeness of the complainant and the accused, the complainant had a belief that he will return the amount and did not apprehend that the accused had any bad intention. Thus, from January 2014 to July 2014 the complainant gave Rs.2 crore from the account of his daughter and also from his account and some cash. He stated that four agreements were also entered into between the parties, in lieu of giving such loan, on non-judicial stamp paper bearing No. B 489155, B 489156, B 489157, and B 489159, through which the accused assured that he will return the money by July 2015. It is further mentioned in the complaint that three cheques, totaling to Rs.1 crore (amounting to Rs.50 lakh, Rs.25 lakh and Rs.25 lakh) were handed over to the complainant duly signed by the accused. Further three more cheques of Rs.1 crore were also given (subject matter of Complaint Case No.1833 of 2015 and Cr. M.P. No.2655 of 2017). In June/July 2015 when the complainant met the accused, the accused assured that the amount will be credited sometime in October. Then, on 20.10.2015, cheques were deposited in the account of the complainant, but, the same got dishonoured. The complainant sent legal notice under Section 138 of the Negotiable Instruments Act, but, no reply was given. The complainant had no other alternative than to approach the Court by filing the complaint case.

3. The complainant examined himself on solemn affirmation and he has adduced three witnesses in support of his contention, during enquiry. The Court, thereafter, considering the complaint and the statement of the enquiry witnesses, vide order dated 04.07.2016, took cognizance of the offence under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act and issued summons to this petitioner. Thereafter during pendency of this criminal miscellaneous petition, a discharge petition was filed by the petitioner, which was rejected on 13.06.2019 by the Judicial Magistrate First, Palamau.

4. Being aggrieved by these two orders, the accused has approached this Court for quashing both these two orders, i.e., order taking cognizance and order by which discharge petition filed by the petitioner was rejected and prayed for quashing the entire criminal case.

5. Learned cou