Case Facts:
Patna High Court Cr.Misc. No.3508 of 2011 (2) dt.12-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3508 of 2011 ====================================================== Ramanand Das @ Ramanand Sharma, son of Devendra Prasad Das, resident of Subhas Nagar, P.S.-K.Hat District-Purnia permanent address resident of Garhbaniili, P.S.-Kasba, District-Purnia. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 12-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. The present case has arisen from C.A. No. 786/2003. The court of Judicial Magistrate 1st Class, Purnea has taken cognizance under [STATUTE] against the accused persons. The accused persons have challenged the order of cognizance in Cr. Revision No. 381 of 2003 dated 28.9.2010 and after hearing the parties, the Sessions Court had set aside the order of cognizance. It is not in dispute that the complainant and the accused persons are the businessmen as the petitioner deals in hardware and motor spare parts and the accused persons also deal in the same. Patna High Court Cr.Misc. No.3508 of 2011 (2) dt.12-03-2012 It appears from the record that the complainant took motor parts on credit and lastly gave a cheque to the accused persons which bounced on presentation in the Bank. In pursuance thereof a case under N.I. Act was lodged against the complainant in which the cognizance had been taken. The petitioner in the present case has made an allegation that they have obtained cheque on threat of the complainant. It appears from the record that the view taken by the Sessions Judge cannot be held to be illegal and the Sessions Judge has rightly taken the view that when a cheque was granted by him this has been lodged as a seal to the case, arising from N.I. Act. In this view of the matter, this Court does not find any error in the order impugned. Accordingly, this petition is dismissed. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 384

Statute Text:
Section 384 of the Indian Penal Code. Extortion. Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.