JUDGMENT

Date : 27-03-2025

Heard Mr. Nirbhay Prashant, learned counsel appearing for the petitioner, Mr. M.K. Gautam, learned APP appearing for the State and Mr. Rajesh Kumar, learned counsel for the O.P. No.2.

2. The instant petition has been filed with a prayer to quash the entire criminal proceeding having arisen out of Complaint Case No. 452(C) of 2013 pending in the court of learned Judicial Magistrate, 1^st Class, Munger.

3. Mr. Nirbhay Prashant, learned counsel appearing for the petitioner submitted that it is an admitted position that the petitioner had taken Rs. 20,00,000/- (rupees twenty lakhs) from the complainant/O.P. No. 2 on different dates as a loan and in this regard, an agreement dated 19.10.2006 was also made in between both the parties, of which copy has been filed before this Court. As per the allegation made by the O.P. No. 2 in his complaint, the accused person including the petitioner did not repay the loan amount of rupees twenty lakhs as per the terms and conditions of the agreement and two cheques vide cheque Nos. 698674 dated 15.02.2013 and 698675 dated 05.03.2013 were issued by the petitioner for returning the loan amount as well as part payment of compensati