Manoj Agrawal vs State Of Jharkhand And Another

Sanjay Kumar Dwivedi, J

Heard Mr. Sah, the learned counsel appearing on behalf of the petitioner, Mrs. Nehala Sharmin the learned counsel for the respondent State and Mr. K.S. Nanda, the learned counsel appearing on behalf of the O.P.No.2.

This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 01.07.2013 arising out of Complaint Case No.1226 of 2013, pending in the court of learned Judicial Magistrate, First Class, Jamshedpur.

Mr. Sah, the learned counsel for the petitioner submits that the petitioner has not signed the cheque in question. He submits that the company which has issued the cheque is not made an accused. He submits that compliance of section 141 of Negotiable Instruments Act is not there.

Mr. Nanda, the learned counsel appearing on behalf of the O.P.No.2 draws the attention of the Court to the order dated 19.12.2013 which is the order passed by the learned court under section 205 Cr.P.C and by way of referring it he submits that it has also been recorded that the petitioner is the managing director of M/s Adhunik Metallic Co. Limited. He submits that the M/s Adhunik Group of Companies is having sister companies. He submits that the order summoning is a speaking order.

The court has seen the order dated 01.07.2013 and finds that the learned court has filled up the name of the complainant and the accused in a blank space which suggest that there is non-application of judicial mind. The order summoning dated 01.7.2013 in connection with Complain Case No.1226 of 2013, pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur is set aside.

The matter is remitted back to the learned court concerned to pass a fresh order in accordance with law.

Cr.M.P.  No. 2558 of 2013 stands disposed of.

Pending petition if any also stands disposed of.