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2023 Supreme(Jhk) 991

ANIL KUMAR CHOUDHARY
Sunder Transport, represented through one of its partner Mrs. Kiran Devi, wife of Raj Kishore Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. P.A.S. Pati, Mrs. Vani Kumari.
For the Opp. Parties : Mr. P.K. Chatterjee, Mr. Sanjay Kr. Pandey, Ms. Prachi Pradipti.

JUDGMENT :

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding as well as the order dated 09.09.2022, passed in Complaint Case No. 394 of 2016 whereby and where under the learned Judicial Magistrate -1st Class, Jamshedpur allowed the petition filed under Section 319 Cr.P.C. and added the petitioner which is the partnership firm as an accused of the said case.

3. The brief facts of the case is that the co-accused –Sunil M. Bafna as a representative/authorized signatory on behalf of the petitioner issued seven cheques which were dishonoured and the present Complaint Case No. 394 of 2016 relates to two cheques dated 05.12.2015 for Rs.19,00,000/- and dated 06.12.2015 for Rs.17,00,000/- and both the cheques were presented in the bank by the complainant and the same were returned by the banker on account of ‘funds insufficient’ vide two cheque return memos both dated 08.12.2015. The notice demanding payment of the amount of the cheques was issued on 02.01.2016 to the co-accused Sunil M. Bafna only and not to the petitioner partnership firm and on

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