MOHANTY TRADERS Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this revision, challenge has been made to the order dated 17.07.2006, passed by the learned Sub -Divisional Judicial Magistrate, Sadar, Cuttack in I.C.C. Case No.324 of 2006 refusing to take cognizance. The challenge is on the ground of non -application of mind and non -assignment of reasons.

(2.) THE complainant is the proprietor of M/s. Mohanty Traders, who was appointed as the super stockist for the entire State of Orissa by M/s. Emerald Laboratories Limited. The said firm entered into an agreement with the present petitioner on 28.01.2005 for which the petitioner paid Rs.1,80,000/ - by way of different drafts and also by cash. As per clause -6 of the agreement, the petitioner is entitled to commission on sale of goods and collection of money made by the staff of the company directly from the market. The company and its staff committed deliberate criminal breach of trust and caused wrongful loss to the petitioner by avoiding to pay the commission to the petitioner with an intention to cheat him. The petitioner filed a complaint case being I.C.C. Case No.324 of 2006 under Sections 409, 418 and 420 IPC before the S.D.J.M., Sadar, Cuttack. After filing of the complaint petition, the learned S.D.J.M. recorded the initial statement of the complainant and directed to conduct an enquiry under Section 202 Cr.P.C. in course of which two witnesses were examined by the complainant. After the enquiry, a memo was filed by the petitioner to convert the case to one under Sections 408, 418 and 420 IPC. But the learned Magistrate, by order dated 17.07.2006, dismissed the complaint petition with the observation that it does not make out a case under Sections 408/418/420 IPC against any of the accused persons.

(3.) MR . Behera, learned Addl. Standing Counsel, on the other hand, contends that the real accused persons having not been made parties to the revision petition, it should be dismissed in limine.