RAJESH SAREEN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Invoking the inherent power under Section 482 of the Code of Criminal Procedure (CrPC for short), the petitioner herein, who is an accused in C.R. No. 807/2008 under Section 420 of the Indian Penal Code (IPC for short) on the file of the Magistrate, 1st Class, Diphu, Karbi Anglong, has called in question, the legality and validity of the proceeding initiated on the complaint filed by the respondent No. 2 herein.

(2.) Accusation, which led to the institution of the proceedings essentially, are as follows : The complainant and the accused both are business man. The accused is living at Delhi and deals with the business of M.S. Rods etc., and accordingly on 03.02.2008, the complainant gave Rs. 4,00,000/- (Rupees Four Lakhs) only to the accused for supply of 25 tons of M.S. Rods of diameter 16 mm and 20 mm and the accused assured to supply the aforesaid items within 30 (thirty) days. Cost of the rods and acknowledgement of the aforesaid amount is accordingly issued at Diphu. But the said item never reached at the destination even after 30 (thirty) days, threby violating the terms and conditions as agreed upon causing great financial loss to the complainant and hence the complaint.

(3.) The complainant was examined under Section 200 CrPC and the learned magistrate being prima facie satisfied that there are materials to proceed against the accused issued summons asking him to appear to face the trial which is called in question before this Court with a prayer for quashing the proceeding at the threshold.