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2019 Supreme(Jhk) 986

ANANDA SEN
Hitesh Kumar R Jain alias Hitesh Jain – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: M/s. Keshav Murthy, Amritansh Vats
For the Opposite Party : Mr. Ashok Kumar, Rajeev Ranjan Tiwari

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

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