SUMIT JAYASWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Umesh Prasad Singh, Rajeev Ranjan Prasad, Prakash Chandra Jha Despite repeated calls, none appeared on behalf of Opp.Party no.2. However, in the present case at the time of admission, a counter affidavit was filed on behalf of Opp.Party no.2.

(2.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure , has prayed for quashing of the order dated 3.12.1997 passed by Sri A.K.Sinha, Judicial Magistrate, 1st Class, Patna in Complaint Case No.434( C) of 1997. By the said order, the learned Magistrate has taken cognizance of the offences under Sections 420 and 406 of the Indian Penal Code and ordered for issuance of process for securing attendance of the accused persons.

(3.) Short fact of the case is that Opp.Party no.2 filed a complaint petition , vide Complaint Case No.434( C) of 1997 alleging therein that this petitioner had approached the complainant on 15.9.1992 and persuaded him to supply leather products ,i.e. ladies and gents leather over-coats. The complainant had disclosed in the complaint petition that he was proprietor of M/S Ambience International, which was dealing in export and import of leather garments and he was having a licence issued by the Government of India vide Order No.DC/Pat/263/ICE/92-93 dated 16.12.1993. It was alleged that on persuasion of this petitioner, the complainant agreed to supply the articles to accused no.3 at Delhi. It was agreed that the said over-coats was to be purchased by the accused persons @ Rs.2046/- i.e. 66/- U.S. Dollar per piece. As per oral agreement, the said goods were to be exported to Russia. Subsequently, the petitioner delivered 100 pieces of leather garments to accused no.3 at Delhi and further said articles were also handed over. As per agreement, the sale proceed was to be transferred in the complainant's account in U.S. Dollar within seven days of receipt of articles. It was alleged that consignment was given in the month of January, 1993 and thereafter despite assurance given by the accused persons, payment was never made to the complainant. The complainant also disclosed in his complaint petition that earlier he had filed a complaint case vide Complaint Case No.787 ( C) of 1995, which was dismissed for default on 11.6.1996 . In the complaint petition, which was filed by the complainant in the year, 1997, i.e. Complaint Case No.434 (C) of 1997, the complainant had given names of two witnesses, i.e. Sri Ram Bhushan Kumar and Bipin Kumar Singh. After noticing the fact that the complainant was cheated, the complaint petition was filed. He was examined on S.A. and in support of the complainant, two witnesses were examined and thereafter by order dated 3.12.1997, the learned Magistrate took cognizance of the offences under Sections 406 and 420 of the Indian Penal Code.