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2023 Supreme(Jhk) 458

SANJAY KUMAR DWIVEDI
Shristidhar Mahto – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mohit Prakash, Advocate
For the Respondent:Ms. Sushma Aind, Mr. Shadab Bin Haque, Advocate

JUDGMENT :

Heard Mr. Mohit Prakash, learned counsel for the petitioner, Ms. Sushma Aind, learned counsel for the State and Mr. Shadab Bin Haque, learned counsel for the O.P. No.2

2. The present petition has been filed for quashing the order dated 17.05.2014 passed by the learned Chief Judicial Magistrate, Gumla in connection with Complaint Case No. 39 of 2013 whereby he has been pleased to call upon the petitioner to face the trial under section 138 of N.I. Act.

3. The complaint petition has been filed alleging therein that the petitioner and complainant were business partners earlier. On 10.04.2012 the petitioner demanded a huge sum of Rs. 30 lakhs from the Complainant for purchasing 4, 5 plots of land and the Petitioner assured that he would return money very soon. The Complainant somehow managed Rs.30,000,00/-(Thirty Lakhs only) and gave to the Petitioner in part wise and in lieu thereof the petitioner has given a cheque of Rs.30,000,00/- (Thirty Lakhs only) to the complainant.

It was further alleged that the complainant has produced the cheque on 25/08/2012, 30/08/2012 and 25/09/2012 respectively but all the times the cheque was dishonoured because of insufficient fund. The complai

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