DIBYENDU GOSWAMI Vs. UTTARA CHOWDHURY

JUDGEMENT

(1.) This is for quashing of a proceeding being C.R Case No. 97 of 1996 arising out of I complaint under Sections 406/420 of the Indian Penal Code. The complainant opposite party filed a petition of complaint on 17-10-1996 alleging commission of an offence under Sections 406/ 420 of the Indian Penal Code. In petition of complaint it is stated that the complainant is the Secretary of Bangavani Institution and the accused is known to the complainant and is an connected with the Institution. It is also stated that the complainant had a good relation with the accused and taking advantage of such good relation he earned the confidence of the complainant and on 1-7-1994 he took from the complainant some documents with promise to return those documents. It was alleged that these documents are valuable documents relating to the Institution and spite of repeated demands made by the complainant the accused did not return those documents. It was alleged that this way the accused/petitioner committed an offence of cheating and also criminal breach of trust.

(2.) The learned Advocate forth petitioner submits that on receipt of the aforesaid petition of complaint, which does not make out any case at all under Section 406 of 420 of the Indian Penal Code, the learned Magistrate mechanically took cognizance of the offence - and found that there was a primafacie case under Section 406 of the Indian Penal Code and issued process accordingly.

(3.) The learned Advocate for the complainant/opposite party submits that a primafacie case under Section 406 of the Indian Penal Code is made out in the petition of complaint against the accused/petitioner and at this initial stage the proceeding should not be quashed.