SOMJEET MALLICK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave Granted.

(2.) This appeal impugns judgment and order of the High Court(High Court of Jharkhand at Ranchi) dtd. 1/2/2024 passed in Cr. M.P. No.3796 of 2018 whereby, exercising powers under Sec. 482 of the Code of Criminal Procedure, 1973(CrPC), the High Court quashed the order dtd. 20/2/2020, by which cognizance was taken, and all further proceedings in connection with Case No.78 of 2016, registered at P.S. Sakchi, corresponding to G.R. No.1627 of 2016, pending in the court of Chief Judicial Magistrate(CJM), Jamshedpur.

(3.) The appellant (original complainant) filed an application, under Sec. 156(3) CrPC, alleging that the second and third respondents (original accused) offered to take appellant's Truck (Trailor No.NL 01K 1250) on a monthly rent of Rs.33,000,.00 exclusive of driver's/helper's salary, for plying it between Tata Steel Jamshedpur and Kalinganagar; pursuant to that offer, an agreement was entered into between the appellant and the accused on 10/7/2014 thereby letting the vehicle to the accused for a period up to 31/3/2016 with effect from 14/7/2014; and, in furtherance thereof, possession of the Truck was given to the accused. In return, they paid one month rent, after deducting TDS. But thereafter, though the Truck had been in possession of the accused since July 2014, rent including arrears amounting to Rs.12,49,780.00 was not paid despite repeated false assurances.