BABU LAL GUPTA 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 6.3.2000 passed by Sri P.N.Sharma, Judicial Magistrate,Patna in Complaint Case No.809C of 1999. By the said order, the learned Magistrate has taken cognizance of offences under Section 406 and 420 of the Indian Penal Code.

(2.) Short fact of the case is that a complaint petition was filed on behalf of Opp.Party no.2 in the court of the learned Chief Judicial Magistrate, Patna, which was numbered as Complaint Case No.809C of 1999. It was disclosed in the complaint petition that at Patna there was a regional office of M/S North Eastern Carrying Corporation and it also was having a Branch at Muzaffarpur, North Bihar. It was alleged in the complaint petition that the complainant used to take goods to its customers through transport to various destination against Bilty and directly in the name of consignee of its customer. Some goods were booked by M/S Bhiwani Textiles Mills, situated in Haryana and at Bombay for transporting the goods to Muzaffarpur . A partnership firm in the name of M/S. Haryana Trading Company was being run by both the petitioners. The complainant was sending goods to the accused persons through Bilty . It was alleged that on some occasion without producing Bilty M/S Haryana Trading Company got delivery of some goods from Muzaffarpur Branch of the complainant and, thereafter payment was not cleared. Accordingly the complainant alleged that the petitioners had committed offences under Sections 403, 406, 420 and 120B of the Indian Penal Code. Detailed allegations have been mentioned in the complaint petition. However, for the just decision of the present case, the Court felt that it is not necessary to give the detail in the present order. The complaint petition was filed on 14.6.1999. After filing of the complaint and conducting enquiry, the learned Magistrate on 6.3.2000 took cognizance of offences under Sections 406 and 420 of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance , the petitioners approached this Court by filing the present petition and on 30.4.2003 , while issuing notice , this Court had directed that in the meantime, further proceeding pending in the court of the Judicial Magistrate, 1st Class, Patna in Complaint Case No.809( C ) of 1999 shall remain stayed. Despite issuance and valid service of notice, Opp.Party no.2 preferred not to appear and, as such, on 26.2.2004, the case was admitted for hearing. It was directed that in the meantime, till the disposal of this application the interim order dated 30.4.2003 shall remain continued. While admitting this Court directed for issuance of fresh notice. This time again notice was served on Opp.Party no.2 and thereafter Opp.Party no.2 appeared through his Advocate. However, at the time of hearing none appeared on behalf of Opp.Party no.2. The present case was heard yesterday and again today the matter was heard but none has come forward on behalf of Opp.Party no.2.