AJIT KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two Petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 8.10.2007 passed by Shri Bijay Kishore Choudhary, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2758 (C) of 2007. By the said order, learned Magistrate has taken cognizance of offence under Sections 420, 406 and 120B of the Indian Penal Code.

(2.) Short fact of the case is that the opposite party No. 2, who was Distributor of Medicine, filed a complaint in the Court of Chief Judicial Magistrate, Patna, which was numbered as Complaint Case No. 2758(C) of 2007. It was disclosed in the complaint that Petitioners had approached the complainant for being appointed as his stockist and thereafter, the complainant had supplied medicine to the tune of Rs. 1,50,985.32 paise. It has been accepted by the. complainant that subsequently, the Petitioners paid Rs. 94,004/-and also returned medicine to the tune of Rs. 2,357/-. Accordingly, as per complainant, Rs. 54,624.32 paise remained outstanding. After vigorous persuasion and despite service of legal notice, the said amount was never returned to the complainant. Accordingly, the complaint was filed. After completing enquiry, the learned Magistrate, by the impugned order, has taken cognizance of the offence as mentioned above.

(3.) Shri Abinash Kumar, learned Counsel for the Petitioners, while challenging the order of cognizance, submits that from the contents of the complaint petition itself, no offence either under Section 420 or 406 of the Indian Penal Code is made out. It was submitted that it was dispute of accountancy only. Learned Counsel for the Petitioners has taken the stand that certain amount is still outstanding against the complainant. The Petitioners, after receipt of the legal notice, had duly replied him and. he also demanded refund of certain amount. On the basis of averment made in the complaint petition, it was submitted that right from the very beginning, it is evident that the Petitioners had never intended to commit offence of cheating due to the reason that complainant himself had admitted that Rs. 94,000/-and odd was paid to the complainant and some medicines were also returned.