PANKAJ DESAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In view of order dated 13.4.2010, Sri Pankaj Manjorwar, learned Counsel for the opposite party No. 2 files counter affidavit on behalf of opposite party No. 2. Keep it on record.

(2.) Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of the order dated 25.5.2005 passed in Complaint Case No. 1182(c) of 2003. By the said order, learned Judicial Magistrate, 1st Class, Patna has taken cognizance for the offence under Sections 406 and 420 of the Indian Penal Code.

(3.) Short fact of the case is that the complainant filed the complaint petition vide Complaint Case No. 1182(C) of 2003 alleging therein that petitioner No. 2 on behalf of petitioner No. l approached the complainant to deposit a sum of Rs. 2,45000/- with the Company i.e. Lloyds Finance Ltd. and on his persuasion, he deposited the amount. However, after majority, he could receive only Rs. 64,000/- and the petitioners after being satisfied that he was cheated by accused persons filed the present complaint petition and in complaint petition, he was examined on S.A. and in his support, witnesses were also examined and thereafter, by the imougned order i.e. order dated 25.5.2004, the learned Magistrate has taken cognizance for the offences as mentioned above. Aggrieved with the order of cognizance, both the petitioners approached this Court by way of filing the present petition. While issuing notice to opposite party No. 2 vide order dated 27.4.2005, this Court had directed that in the meantime, no coercive steps shall be taken against the petitioners and said interim order is still continuing.