AKASH KHURANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. None appeared on behalf of the complainant opposite party no.2 inspite of service of notice earlier in this case.

(2.) This is an application under Section 482 of the Criminal Procedure Code seeking quashing of the entire proceeding including order dated 17.06.2005, passed by learned Sub-Divisional Judicial Magistrate, Patna, taking cognizance for the offences under section 406, 420 and 120B of the Indian Penal Code in complaint case no. 785C/2005.

(3.) Complainant opposite party no.2 deals with business of film distribution to whom petitioners company approached for distribution of a film under making and there was agreement for such distribution under the territories of Bihar and Jharkhand, accordingly, the complainant in two installments advance Rs. 3.5 lakhs, but due to some reasons production of the film was delayed and the complainant could not be replied satisfactorily of his queries about developments so under compelling circumstances lodged the complaint before the court below wherein after examining the complainant and other witnesses cognizance was taken giving rise to this application.