RAJESH SIKARIA Vs. STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) The Petitioner seeks quashing of the entire proceeding including the order of cognizance dated 10.07.2006 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 3268(C) of 2005.

(2.) The case of the Complainant is that he was on business terms with the accused persons and when on 20.12.2003 a final statement of account was done it was found that a sum of Rs. 10 Lakhs was to be paid by the Complainant to the accused. On condition that the entire outstanding in the market and medicines kept in godown or the Office of the accused would be the property of the Complainant and the Complainant would be entitled was to collect the outstanding dues from the market to sell the same he issued a cheque of Rs. 10 Lakhs in favour of the accused. Later on he found that in fact the accused persons were also withdrawing the medicines from the market in order to deprive him of the rightful dues.

(3.) It is submitted that indeed it is true that a final accounting was done on 20.12.2003 thereafter the Complainant handed over a cheque of Rs. 10 Lakhs on condition that all stocks would be taken away by him. However, the Complainant showed his inability to do so in want of existing stocks and deficient storage space and, therefore, the accused agreed that they would deliver the stock as and when instructed by the Complainant. A final agreement to this effect was signed on 20.12.2003.