Rita Kumari vs The State Of Jharkhand
2021 Latest Caselaw 3190 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 1332 of 2021
             1.   Rita Kumari
             2.   Ankit Kumar
             3.   Ajay Kumar                                 ... Petitioners
                                        -Versus-
             1.   The State of Jharkhand
             2.   Sushila Devi                                ... Opposite Parties
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             CORAM:      HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
                                            -----
             For the Petitioners            : Mr. Amit Kumar Das, Advocate

For the Opposite Party-State : Mr. Ravi Prakash, Spl. P.P.

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03/31.08.2021. Heard Mr. Amit Kumar Das, learned counsel for the petitioners and

Mr. Ravi Prakash, learned Spl. P.P. for the opposite party-State.

This criminal miscellaneous petition has been heard through Video

Conferencing in view of the guidelines of the High Court taking into account

the situation arising due to COVID-19 pandemic.

Mr. Amit Kumar Das, learned counsel for the petitioners submits that

due to certain litigation, the project in question could not be completed and,

hence, the development firm of the petitioners decided to cancel the

agreements and accordingly after mutually cancelling the agreement with

opposite party no.2, the amount has been offered to be returned and

accordingly two cheques had been issued by way of security and certain

time had been asked from opposite party no.2. He further submits that

opposite party no.2 without waiting for the same immediately presented the

cheque of Rs.2,28,125/- bearing Cheque No.049784 by putting a date as

15.06.2011. After dishonour of the cheque, she instituted a complaint case

in which accused no.2 was convicted and ultimately when the matter came

before this Court , the petitioner paid Rs. 4 Lakhs to opposite party no.2.

The other part of the amount was refundable to the banker and the

opposite party no.2 was advised to coordinate with the bank so that after

entering into a tripartite agreement, the amount can be returned to the

loaner/bank. Opposite party no.2 filed a complaint case under Section 138

of the Negotiable Instruments Act, which was dismissed. Thereafter, she

filed a complaint case before the learned Chief Judicial Magistrate at

Jamshedpur under Section 156(3) Cr.P.C. He also submits that the learned

Judicial Magistrate without applying his mind and in violation of the

judgment rendered by the Hon'ble Supreme Court in the case of "Priyanka

Srivastava & another v. State of Uttar Pradesh & others , reported in

(2015) 6 SCC 287 referred the matter to the police for institution of F.I.R.

in a mechanical way.

Let notice be issued upon opposite party no.2 by ordinary process as

well as registered post with A/D, for which, requisites etc. must be filed

within two weeks.

Till the next date, no coercive steps shall be taken against the above-

named petitioners in connection with Golmuri P.S. Case No.50 of 2021,

pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur.

It is made clear that there is no stay on the investigation of the case.

Post this matter on 24.11.2021.

(Sanjay Kumar Dwivedi, J.) Ajay/