SUDARSHAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 31.8.2000 passed by Additional Chief Judicial Magistrate, Jhanjharpur in G.R. No.138 of 1994/Tr. No.1126 of 2000.

(2.) Short fact of the case is that the opposite party no.2 filed a complaint in the court of Additional Chief Judicial Magistrate, Jhanjharpur, which was numbered as Complaint Case No.39 of 1994 against the petitioner on an allegation that petitioner had committed offence under Section 409 of the Indian Penal code. It was alleged that the petitioner, at the relevant time, was Manager-cum-Secretary of Imadpatti PACKS. The complainant had claimed himself as Chairman of the said society. It was alleged that the petitioner had collected sale proceed for an amount of Rs.31,600/-, but said amount was never deposited in the account of society and as such it was alleged that the petitioner had committed an offence under Section 409 of the Indian Penal Code. The said complaint was referred to the police under Section 156(3) of the Code of Criminal Procedure for its registration and investigation and thereafter, an F.I.R. vide Jhanjharpur P.s. Case No.18 of 1994 was registered in the month of February,1994. After investigation, police submitted charge sheet and thereafter, at a belated stage, on 31.8.2000, the learned Additional Chief Judicial Magistrate took cognizance of offence under Section 409 of the Indian Penal Code and directed for issuance of summon against the petitioner.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition. On 11.9.2001, while issuing notice to opposite party no.2, this Court directed that in the meantime, further proceeding in G.R. No.138 of 1994 now pending in the court of Chief Judicial Magistrate, Jhanjharpur shall remain stayed. Subsequently, on 5.11.2001, the case was admitted for hearing and it was directed that during the pendency of the application, the interim order passed on 11.9.2001 shall remain operative. The order of stay is still continuing.