ENGINEERING PROJECTS (INDIA) LIMITED Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. A.M. Borah, learned senior counsel for the petitioners. Also heard Mr. P. Choudhury for the respondent No.2 and Mr. K. Wotsa, Public Prosecutor for the respondent No.1.

(2.) This is a criminal petition under Section 482 of the Cr.P.C praying for quashing the proceedings of Complaint Case No.6/2017 under Section 405/406/409/415/420 IPC read with Sections 34/120B IPC, pending before the Court of the learned CJM, Dimapur.

(3.) The petitioners have challenged the impugned Order dated 12.06.2017 issued by the learned CJM, Dimapur, by which cognizance of the offence has been taken and summons have been issued to the petitioners. The petitioner's counsel submits that as per Section 200 Cr.P.C., the examination of the complainant was to be reduced into writing and the same was to be signed by the complainant and the witnesses, if any and also by the Magistrate recording the statement. He submits that a perusal of the statement recorded by the CJM, Dimapur shows that neither the complainant or the CJM had appended their signature to the statement recorded by the learned CJM.