C R BHANSALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, have prayed for quashing of the entire criminal proceeding including the order dated November 17, 1997, passed by the learned Chief Judicial Magistrate, Sasaram (Rohtas) in Complaint Case No. 919 of 1997. By the order dated November 17, 1997, the learned Chief Judicial Magistrate has taken cognisance of the offences under Sections 120B, 406 and 420 of the Indian Penal Code, 1860, against the accused persons including the two petitioners.

(2.) Short fact of the case is that opposite party No. 2 filed a complaint vide Complaint Case No. 919 of 1997 before the learned Chief Judicial Magistrate, Sasaram (Rohtas) disclosing therein that he was an employee of the civil court and did savings from his salary. He had made a fixed deposit in Swarna Deposit Scheme of M/s. CRB Capital Markets Ltd., Mumbai. It was disclosed in the complaint petition that on September 25, 1996, he had made two deposits of Rs. 10,000 each in the said scheme for one year at 10 per cent. per annum. As per the claim of the complainant, the fixed deposits were to mature on September 23, 1997. However, even after maturity, no amount was paid to the complainant. It was alleged that the petitioners, who were directors of M/s. CRB Capital Markets Ltd., Mumbai and other accused persons, had cheated the complainant and the accused persons has committed offences under Sections 406 and 420 of the Indian Penal Code, 1860. On the aforesaid allegation, opposite party No. 2, namely, Bindeshwari Prasad filed the aforesaid complaint petition.

(3.) The complaint petition was filed on November 15, 1997 and thereafter the case was fixed for hearing on November 17, 1997. On November 17, 1997, the learned Chief Judicial Magistrate, Sasaram (Rohtas) examined the complainant on S. A., and thereafter the learned court below on the basis of the statement of the complainant and after examining the complaint petition, by its order dated November 17,1997, took cognisance of offences under Sections 120B, 406 and 420 and of the Indian Penal Code, 1860 and transferred the case to the court of Sri P. K. Tripathi, Judicial Magistrate, Sasaram for its disposal.