KANAILAL MUKHERJEE Vs. TOKO TEJI

JUDGEMENT

(1.) Heard Mr. K. Bhattacharjee, the learned counsel assisted by Mr. R. B. Yadav, the learned counsel for the petitioner. Also heard Mr. T. Torum, learned counsel representing the respondent No.1 and Mr. J. Tsering, learned Public Prosecutor for the respondent No.2.

(2.) This is an application filed under Sec. 482 of Code of Criminal Procedure, 1974 praying for quashing the criminal proceeding in Complaint Case No.131/2018, which is pending before the Court of learned Judicial Magistrate 1st Class (In short 'JMFC'), Yupia.

(3.) The brief fact of the case is that the complainant/respondent No.1, Shri Jotam Toko Takam in the Complaint Case No.131/2018, registered under Sec. 120(B)/420/34 of IPC, inter alia had stated that during the year 2008' the accused persons (one is present petitioner) were executing project work at JNKV (Jawaharlal Navodaya Kendra Vidyalaya) compound and approached before the complainant for financial help in order to complete the ongoing construction work and he lend a sum of Rs.75,00,000.00(Rupees Seventy five lakhs) only by executing Deed of Settlement dtd. 2/4/2008 registered before the Court of the learned JMFC on 30/5/2008. The accused persons promised to return the loan amount after completion of the project work, however, even after getting the bill amount, they started avoiding the complainant and did not repay the loan amount. Thereafter, the complainant served a legal notice upon both the accused persons through Advocate for recovery of the loan amount, but even after service of notices, the accused persons avoided the complainant, by frequently changing their telephone numbers, which shows the intention of the accused persons was to deceive the complainant. Accordingly, the complainant lodged a complaint, which was registered before the Court of learned JMFC, Yupia and also the complaint was examined under Sec. 200 Cr.P.C. and took cognizance against the accused namely Shri. Madhab Shaha and Shri. Kanilal Mukherjee/present petitioner, under Ss. 120(B)/420/34 of IPC and issued summons for their appearance.