BANWARI LAI LOHIYA, EXECUTIVE PRESIDENT, MOTIHARI CHINI UDYOG, SON OF HIRA LAI LOHIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two petitioners, who are Executive President and Cane Manager, Motihari Chini Udyog respectively, before this court, while invoking inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 12.12.2000 passed by learned Additional Sessions Judge-I, Motihari in Criminal Revision Case No. 532 of 2000 whereby the revision petition was rejected. The revision petition was preferred against the order dated 22.6.2000 passed by learned Judicial Magistrate, 1st Class, Motihari. By order dated 22.6.2000 the learned Magistrate has taken cognizance of the offences under Sections 406, 420 and 120B of the Indian Penal Code in Complaint Case No. 1340 of 1999.

(2.) Short fact of the case is that opposite party no. 2 filed a complaint which was registered as Complaint Case No. 1340 of 1999 in the Court of Chief Judicial Magistrate, East Champaran, Motihari disclosing therein that the complainant, who was a transporter had entered into an agreement with the petitioners for transporting sugarcane from three purchasing centres. It was disclosed that as per the agreement Rs. 50,000/- was to be given as advance to the complainant. However, the petitioners paid only Rs. 15,000/- as an advance and, thereafter, the complainant arranged some trucks at three centres and also engaged some labourers but the complainant was not given full opportunity to transport sugarcane as per the agreement and, as such, the complainant had suffered a loss of Rs.1,68,750/-. On the aforesaid allegation a complaint petition was filed and after enquiry the learned Magistrate by the impugned order had taken cognizance of the offences as indicated above. Aggrieved with the order of cognizance, the petitioners preferred revision petition vide Cr. Revision No. 532 of 2000 which was rejected by the learned Additional Sessions Judge by its order dated 12.12.2000.

(3.) Aggrieved with the order of rejection of the revision petition, the petitioners have approached this court by filing the present petition. On 20.11.2001, while issuing notice to opposite party no. 2, this court directed that till the next date of hearing, further proceeding in Complaint Case No. 1340 of 1999 pending in the Court of Judicial Magistrate, 1st Class, Motihari, shall remain stayed. Subsequently, on 18.4.2002 the case was admitted for hearing and it was directed that during the pendency of this application, interim order of stay passed on 20.11.2001 shall remain operative. The stay order is still continuing.