IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11506 of 2007 MALAY KUMAR Versus STATE OF BIHAR & ANR ----------- 3. 4.9.2008. Heard the learned counsel for the petitioner as also the learned counsel for O.P. No.2 and the learned A.P.P. for the State. The grievance of the petitioner is against the order dated 31.1.2007 passed by the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Complaint Case No.1058 of 2006 whereby and whereunder he has taken cognizance against the petitioners for the offence under Section 420 I.P.C. and Section 138 N.I. Act. An additional prayer has been made for quashing of the entire criminal proceedings. It has been submitted on behalf of the petitioners that although cheque issued to him was returned by Bank due to insufficient funds, no notice as required under Section 138 N.I. Act was received by him although a claim had been made that a notice was sent to him by the complainant through registered post and the court in such circumstances was debarred from taking cognizance in view of the provisions of Section 142 of the N.I. Act. There is a clear assertion in the complaint petition that notice was sent to the accused by registered post on 4.9.2006 which was served on him on 5.6.2006. The assertion of the learned counsel of the petitioners is that no receipt of the registered post or acknowledgement has been produced by the complainant in support of his assertions of having sent registered notice. One need not be hyper- - 2 - technical to scuttle legal action. The submission advanced by the learned counsel for the petitioner appears to be one of frustration. That apart offence under Section 420 I.P.C. clearly appears to have been made out against the petitioner since notwithstanding the passage of two years he has not cared to return the money of the complainant. Had he bonafide intention for returning the money to the complainant he ought to have done so by now instead of evading otherwise which only proves his malafide intentions. I find no apparent merit in this application which is accordingly dismissed. P.S. (Abhijit Sinha,J)