BHUSHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have approached this Court, under Section 482 of the Code of Criminal Procedure, to quash the order dated 10.9.2003 passed in Complaint Case No.1536(C) of 2003 by the court of Sri B. Ram, Judicial Magistrate, Patna, summoning the petitioners, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under Section 406 of the Indian Penal Code.

(2.) The brief facts, leading to this application, are that the opposite no.2, Sanjay Kumar Agrawal, filed the Complaint Case No.1536(C) of 2003 against the petitioners and their firm M/s. Sasta Khadi Bhandar, alleging therein that he is the son of Mr. Bijay Kumar Agrawal, the proprietor of the firm M/s. Bijay Textiles, situated at Patliputra Dharamshala Market, Sabjibagh, P.S. Pirbahore, District-Patna and is working in the said firm as a Manager. The petitioners used to do the business of retailorship of the clothes materials in the name and style of M/s. Sasta Khadi Bhandar at Main Market in the town of Nawada. The petitioners used to purchase the clothes from the firm M/s. Bijay Textiles for their shops on oral agreement to pay the amount of purchased clothes within 30 days, otherwise the interest at the rate of 20% per annum would be payable. In starting the petitioners made payment timely but, later on, started delay in payment as till 29.11.2001, while clothes were purchased by the petitioners worth of Rs.11,835/- but payment was made only of Rs.7,772/-. Despite dues, on the request of the petitioners, further clothes were given to them and on repeated demands, part payments were also made and, ultimately, Rs.15,797/- became due against the petitioners. The opposite party no.2 went to Nawada and met to the petitioners in the first week of March, 2003 for the payment of the said dues but the petitioners did not give satisfactory reply. Accordingly, legal notice was sent to the petitioners on 17.5.2003 through the pleader by the opposite party no.2 but in spite of that the petitioners did not pay any heed. As such, the petitioners with a dishonest intention to grab the money of the opposite party no.2, cheated the opposite party no.2 to the tune of Rs.15,797/-.

(3.) After filing of the Complaint Case No.1536(C) of 2003 by the opposite party no.2, on enquiry under Section 202 of the Code of Criminal Procedure, the court of Sri B. Ram, Judicial Magistrate, Patna, summoned the petitioners, finding prima facie case under Section 406 of the Indian Penal Code through the impugned order dated 10.9.2003.