JHARKHAND HIGH COURT ISSUES ORDER ON GOURI SHANKAR MOHTA V/S THE STATE OF JHARKHAND AND ANR.

RANCHI, India, Nov. 5 -- Jharkhand High Court issued the following order on Oct. 6:

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of the Cr.P.C. with the prayer to quash the order dated 18.10.2021, passed by the learned S.D.J.M., Jamtara in connection with P.C.R. Case No. 761 of 2019 and to quash the entire criminal proceeding in connection with the said case.

3. The allegation against the petitioner is that the complainant took the Hywa Vehicle of the petitioner on monthly payment to be made by the petitioner of Rs.1,25,000/- starting from 31.03.2019 for transporting the materials to be ordered to be done by the petitioner but by 15.09.2019 a sum of Rs.4,35,458/- was due and outstanding to the complainant, by the petitioner. The co-accused -Md. Irfan issued a cheque of Rs.1,50,000/- and the other coaccused -Rinku Ansari issued a cheque of Rs.1,17,518/- which cheques on being deposited by the complainant in his bank account were dishonoured because of insufficient balance in the account of the drawers of the said cheques. On 18.10.2019, when the complainant again demanded Rs.4,35,458/-, the complainant was abused and driven out. The learned S.D.J.M., Jamtara taking into consideration the complaint, statement of the complainant on solemn affirmation and the statement of the inquiry witnesses directed issuance of summons inter-alia against the petitioner for having committed the offence punishable under Section 406 of the Indian Penal Code.

4. It is submitted by the learned counsel for the petitioner relying upon the Judgment of this Court in the case of Deepak Gandhi Vs. The State of Jharkhand & Anr. in Cr.M.P. No. 2490 of 2020 dated 10.09.2025 that this Court in that case relied upon the Judgment of the Hon'ble Supreme Court of India in the case of Pepsi Foods Ltd. Vs. Special Judicial Magistrate and Ors., reported in (1998) 5 SCC 749 wherein it has been held that the High court has jurisdiction under Section 482 of the Cr.P.C. to quash the criminal proceedings. It is next submitted by the learned counsel for the petitioner that even if the entire allegations made against the petitioner are considered to be true, still the offence punishable under Section 406 of the Indian Penal Code is not made out. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpJrzi7yLPto7qC89uSNfKHGqlt%2B9LUz%2BZ1%2F%2FxtAe14QO&caseno=Cr.M.P./766/2023&cCode=1&cino=JHHC010073052023&state_code=7&appFlag=)

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