MAHENDRA PRASAD SINGH Vs. STATE

JUDGEMENT

(1.) On 9.4.2010 when the case was called out, none appeared on behalf of the petitioners either to press this petition or even to make a prayer for adjournment. However, as a last indulgence, the case was adjourned for a day. Today, again when the case was called out, none has come forward to press this petition.

(2.) Petitioner No. 2, who was alleged to be the Director of M/S AGILE Marketing ( P) Ltd., (herein after referred to as "the Company") registered under the Companies Act and petitioner No. 2, who was alleged to be an Accountant of the aforesaid Company, have approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash the order of cognizance dated 8.7. 1998 for offences under Sections 406, 420, 467, 468, 469, 471, 120B, 379, 323 and 34 of the Indian Penal Code and Section 138 of the N.I. Act, passed by Sri S.S. Giri, Judicial Magistrate, 1st Class, Patna City. The petitioners have also prayed for quashing of the entire proceedings of Complaint Case No. 329 of 1998. The complainant in the complaint petition has alleged that he was earlier appointed as Distributor of the said Company and during his distribution ship, a huge amount was to be paid by the accused persons and, as such, the accused persons have given different cheque to the complainant. On presentation of the cheques, the same were not honoured. The complainant has also alleged that in course of demand the due, the complainant was assaulted by the accused persons and in course of said occurrence, an offence of theft was also committed by the accused persons.

(3.) The present petition so far as petitioner No. 1 is concerned was admitted on 26.9.2002 and while admitting the case, this Court had directed that further proceeding with regard to petitioner No. 1 in Complaint Case No. 329 of 1998 shall remain stayed. At the time of admission, petition of petitioner No. 2 stood rejected by the order dated 26.9.2002.