S SUNDARAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 23.1.2002 passed by Shri D.N. Pandey, Judicial Magistrate, Patna in Complaint Case No. 102(C) of 2001 and has also prayed for quashing of entire criminal proceeding in the said case. By order dated 23.1.2002, learned Magistrate has taken cognizance of offence under Section 420 of the Indian Penal Code and summoned the accused persons including the Petitioner.

(2.) Short fact of the case is that opposite party No. 2 filed a complaint in the court of Chief Judicial Magistrate, Patna vide Complaint Case No. 102(C) of 2001 arraying Director, M/S Synergy Financial Exchange Ltd. and the Chief Manager, Debenture Trustee, Central Bank of India, Mumbai. It was disclosed by the complainant that he had invested in debentures of Synergy Financial Exchange Ltd. for total amount of Rs. 51,000/-, which was paid by Bank Drafts. The debentures were to mature on 23.3.1999. Despite the fact that complainant surrendered the debenture certificate prior to the date of maturity, neither principal sum nor interest was paid to the complainant. It was alleged that accused persons conniving with each other had committed the offence under Section 420 of the Indian Penal Code. After filing of the complaint, the complainant was examined on S.A. and in support of the complaint petition, witnesses were examined and thereafter, by the impugned order i.e. order dated 23.1.2002, the learned Magistrate took cognizance of offence under Section 420 of the Indian Penal Code and summoned the accused persons.

(3.) Aggrieved with the order of cognizance, the Petitioner being Assistant General Manager, Central Bank of India, approached this Court by filing the present petition. On 22.4.2004 while issuing notice to opposite party No. 2, this Court directed that in the meantime, further proceedings in Complaint case No. 102(C) of 2001 pending before Judicial Magistrate, Ist Class, Patna shall remain stayed. By order dated 22.4.2004, it was directed to place this case along with Cr. Misc. No. 6299 of 2001. On 3.8.2009, the case was admitted for hearing.