BUDHA TERON Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is an application under section 482 Cr.PC, 1973 praying for quashing and setting aside the criminal proceeding pending against the petitioner before the learned CJM, Dimapur in Criminal Complaint Case No.25/2017. 2. Heard Mr. M. Sarania, learned counsel appearing for the applicant. Also heard Mr. K. Wotsa, learned Public Prosecutor, appearing for the State of Nagaland and Mr. N.K. Luikham, learned counsel appearing for the private respondent No.2.

(2.) The brief facts which led to the registration of the complaint case and leading to the passing of the impugned order dated 22/11/2017 and the filing of this application are as follows:-

(3.) On 22/11/2017, the learned CJM Dimapur received a complaint filed by the private respondent alleging that the applicant, on different dates, by signing acknowledgment receipts had taken a total sum of Rs.56,02,964/- with a promise that he would share the profits earned from different contract works under NLCPR projects which were to be undertaken but neither the amount taken from him were returned nor the profits earned from the contract works were ever shared with him. The learned CJM, Dimapur examined the complainant (private respondent herein) and thereafter took cognizance and issued summon to the applicant (accused in the complaint case). The order dated 22/11/2017 passed by the CJM Dimapur, reads as follows:-