LAWS(PAT)-2010-10-45

K S SAXENA Vs. STATE OF BIHAR

Decided On October 28, 2010
K.S.SAXENA Appellant
V/S
STATE OF BIHAR Respondents

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 3.8.1998 passed by Sri Chandrama Singh, Judicial Magistrate, 1st Class, Gopalganj in Complaint Case No.840 of 1998, Trial No.819 of 1998. By the said order, learned Magistrate has taken cognizance of offences under Sections 420, 465, 467, 419, 471 & 120B of the Indian Penal Code and directed for summoning the petitioners.

(2.) Short facts of the case is that Opp. Party No.2 filed a complaint vide Complaint Case No. 840 of 1998 against two petitioners and one Pashupati Prasad for the offences under Sections 420, 467, 468, 471, 419 & 120B of the Indian Penla Code. It was disclosed in the complaint petition that accused no.1, namely, Pashupati Prasad, who was owner of the truck, bearing registration no.BPF 4651, requested the complainant for transporting the sugarcane to the Vishnu Sugar Mill. The complainant accepted the proposal of accused no.1 for transporting his ten trucks of sugarcane to the sugar factory. It has been disclosed that the petitioners were Manager and Cane Manager respectively of Vishnu Sugar Mill. It has been disclosed by the complainant that an agreement was entered in between the complainant and Pashupati Prasad (accused no.1) that in respect of transportation charge the complainant will give the price of one truck of Sugarcane to Pashupati Prasad (accused no.1) and payment in respect of remaining nine trucks was to be delivered to the complainant by accused no.1. It was agreed that nine trucks of sugarcane was to be delivered to the Vishnu Sugar Mill, Gopalganj. Out of ten trucks of sugarcane, nine trucks of sugarcane were unloaded at Vishnu Sugar Mill, Goapalganj and one truck of sugarcane was unloaded at Sasamusa Sugar Mill. The complainant on the basis of receipts had received payment in respect of seven trucks of sugarcane. However, in respect of two receipts vide receipt no. 015026 dated 8.1.1997 and receipt no.182496 dated 7.1.1997 the amount remained due and the aforesaid two receipts were in possession of the complainant. It was disclosed that complainant along with aforesaid two receipts repeatedly approached the sugarcane factory and finally on 12.5.1998, the complainant was provided with the information that in respect of aforesaid two receipts, payment for an amount of Rs.14, 590/- was already made to accused no.1, namely, Pashupati Prasad. It has been alleged that both the petitioners conspiring with accused Pashupati Prasad had misappropriated the said amount, which was required to be paid to the complainant on production of receipts. Accordingly, on the aforesaid allegation, complaint petition was filed. After filing of complaint petition and conducting enquiry, the learned Magistrate by the impugned order has taken cognizance of offences as mentioned above.

(3.) Aggrieved with the order of cognizance, petitioners approached this Court by filing the present petition. On 8.2.1999, while issuing notice to Opp.Party no.2, this Court directed that in the meantime, no coercive steps shall be taken as against the petitioners. Subsequently, on 12.4.1999 the petition was admitted for hearing and it was directed that till final disposal, further proceedings in Complaint Case No.840 of 1998 in the court of Shri Chandrama Singh, Judicial Magistrate, 1st Class, Gopalganj, shall remain stayed but only so far as the petitioners are concerned. It was made clear that proceedings as regards co-accused Pashupati Prasad may continue in accordance with law.