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2023 Supreme(Jhk) 1216

ANIL KUMAR CHOUDHARY
Mukesh Kumar Sharma – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Kumar Nilesh, Advocate
For the Opposite Party :Ms. Vandana Bharti, Addl. P.P., Mr. Lakhan Chandra Roy, Advocate

JUDGMENT :

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding in connection with P.C.R. Case No.389 of 2016 including the order taking cognizance dated 20.11.2017 whereby and where under the learned Judicial Magistrate-1st Class, Dumka took cognizance against the petitioner under Sections 420 and 34 of the Indian Penal Code.

3. The allegation against the petitioner is that the petitioner took Aadhar Card, PAN Card, two passport size photographs and two blank signed cheques of the complainant/opposite party No.2 with the promise of giving him distributorship and the complainant also transferred Rs.30,000/- to the Bank account of the complainant and the petitioner even attempted to withdraw money illegally by using one of those cheques but the same got dishonoured.

4. Learned counsel for the petitioner submits that the petitioner has already deposited Rs.30,000/- in shape of a demand draft in favour of the complainant in terms of the order passed in A.B.A. No.6489 of 2019. It is next submitted that there is no allegation

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