SHITAL KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IT appears that both the aforesaid applications were listed together on 6.2.2012 and the order was passed in both the applications but inadvertently, in order no.5 dated 6.2.2012 cause title of Criminal Misc. No.29449 of 2006 has not been typed. Accordingly, order no.5 dated 6.2.2012 is modified to the extent that it includes Criminal Misc.No.29449 of 2006.

(2.) BOTH these applications bearing Criminal Misc. No.18520 of 2003 filed on behalf of the petitioner, Ratan Kumar Sinha and Criminal Misc. No.29449 of 2006 filed on behalf of the petitioners, Shital Kumar Mishra and Sanjay Kumar, have been filed against the order dated 7.5.2003 passed in Complaint Case No.1001 of 2002/Trial No.927 of 2003 by the court of Sri A.K. Verma, Judicial Magistrate, First Class, Aurangabad, summoning the accused-petitioners, on inquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under Section 406 of the Indian Penal Code, hence, both these applications have been heard together and are being disposed of by this common judgment.

(3.) THE complaint petition discloses the allegation that on 28.10.2002, the accused-petitioners took cash Rs.50,000/- from the opposite party on giving assurance to him to release the truck bearing Registration No.BR-26G-0888 but on taking the money they told him to release the truck after returning from Varansi and when the opposite party no.2 made requested to return the money, he was abused by them. In paragraph-5 of the complaint petition, it is stated by the opposite party no.2 that the accused-petitioners asked to release the truck bearing Registration No.BR-26G-8888 on payment of rs.35,977/- till 28.8.2002. Annexure-?17? to the Criminal Misc. No.18520 of 2003 is the receipt issued by the Finance Company to the opposite party no.2 regarding receiving of Rs.35,977/- on 28.8.2002 and Annexure-?18, to the Criminal Misc. No.18520 of 2003 is the letter dated 28.8.2002 in the name of Manager of the Finance Company written by the opposite party no.2 regarding settlement of Contract Nos. BP 4024 H, BP 3764H and BP 4353 H by the opposite party no.2 on paying Rs.35,977/- towards full and final settlement regarding three contracts of the trucks. As such, after full and final settlement regarding the three contracts by the opposite party no.2 with the Finance Company, the question of demanding cash Rs.50,000/- by the accused-petitioners from the opposite party no.2 on 28.10.2002 for releasing the truck bearing Registration No.BR-26G- 0888, does not arise and the complaint petition appears to have been filed with oblique motive only to harass the petitioners.