T. P. CHOWADHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Petitioners seek quashing of the entire proceeding including the order of cognizance dated 29.9.2003 passed by the Chief Judicial Magistrate, Motihari in Trial No.3312 of 2003 arising out of Motihari (Town) P.S. case No.130 of 2003. The case of the Complainants is that they entered into a written agreement with NIIT limited on 12.4.1996 run by the accused persons, on the basis of which four centers were to be opened. On account of this they invested huge amount of money. As it happened later on the accused persons did not allow them to receive interest of the money which had been collected under a certain fund. Later on the accused persons kept changing the policy which was quite different from the original agreement, on account of which the Complainants suffered huge amount of financial loss. The accused persons also did not pay them the incentive that they had promised and instead refused to enter into a dialogue with them. Hence the present Complaint.

(2.) IT appears that the present Complaint was sent for investigation under Section 156(3) Cr.P.C. upon which Town P.S. case No.130 of 2003 was instituted on 1.6.2003. After due investigation final report was submitted in the matter on the opinion that a pure civil dispute is made out in the facts of the case. However disagreeing with the same the Magistrate took cognizance in the matter.

(3.) ON the other hand, the Counsel for the Complainants submits that even accepting that the agreement was bilateral the ill intention of the accused persons was at the inception which is borne out from the facts that subsequently the policies were changed dramatically only to deprive the Complainants of their rightful dues. In such circumstances the Petitioners should be prosecuted. Having gone through the Complaint petition, I have no manner of doubt in holding that even accepting the allegations made therein apart from the grievance of the Complainants that financial loss had resulted on account of the changing policies there is no criminal element whatsoever.