LAWS(PAT)-2010-3-4

RAM NARESH SINGH Vs. STATE OF BIHAR

Decided On March 03, 2010
Ram Naresh Singh son of Shri Ram Lakhan Singh Appellant
V/S
THE STATE OF BIHAR AND ORS. Respondents

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court, has prayed for quashing of order dated 15.9.1998 passed by Sri A.K. Srivastava, Judicial Magistrate, Ist Class, Patna in Complaint Case No. 839(C) of 1998. By the said order, the learned Magistrate has taken cognizance of offence under Sections 420 and 466 of the Indian Penal Code.

(2.) Short fact of the case is that the opposite party No. 2 filed a complaint vide Complaint Case No. 839(C) of 1998 disclosing therein that with a view to purchase a piece of land from a Co-operative Society, namely, Siwan Sahkari Girih Nirman Samiti Ltd., she made payment to the petitioner, who was Secretary of the Society in question. It has been disclosed that a total amount of Rs. 20,525/- was paid to the petitioner, but the petitioner never allotted any piece of land to the complainant. It was alleged that the complainant repeatedly contacted the petitioner for allotting the plot. However, on one pretext or the other, he delayed the matter. After coming to know that petitioner was made accused in number of cases of similar allegation, the complainant understood that she was cheated by the petitioner and thereafter, the present complaint was filed. After filing of the complaint petition, the complainant was examined on S.A. and in support of complaint, several documents were produced before the learned Magistrate and by the impugned order i.e. order dated 15.9.1998, the learned Magistrate took cognizance of the offence under Sections 420 and 466 of the Indian Penal Code and directed for issuance of process for securing attendance of the accused/petitioner.

(3.) Aggrieved with the order of cognizance dated 15.9.1998, the petitioner approached this Court by filing the present petition. The present petition was admitted on 16.2.2000. While admitting the case, this Court had directed that pending disposal of this application, further proceedings in Complaint Case No. 839(C) of 1998 pending in the court of Judicial Magistrate, Ist Class, Patna shall remain stayed. In this case, lower court record was also called for, which has been received and lying with the record of the present case.