NIKHIL SEN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present application has been filed for quashing the order of cognizance dated 17.12.2002 passed by the Judicial Magistrate, Munger in Complaint Case No. 811 (C) of 2001.

(2.) THE opposite party no. 2 filed a complaint on 17.10.2001 against the present seven petitioners under Sections 418, 427, 420, 109, 120B and Section 34 of the Indian Penal Code. The complaint alleged that the Petitioner no. 1 published a scheme of contest on behalf of the Company for consumers of its products. The scheme offered a free trip to Sharjah for the successful contestants. The opposite party then purchased the product of the company from the accused no. 8, the local agent at Munger. Accused no. 8 gave a photocopy of the advertisement regarding the contest to the complainant. The opposite party believed the statements of accused no. 8, who was the local agent of the Company. On 28.3.2001, the accused no. 3 (presently petitioner no. 3) informed the complainant on telephone that the company appreciated the slogan sent by him and that the opposite party no.2/ Complainant figured as a successful contestant. The said petitioner no. 3 then advised the opposite party/Complainant to send his passport etc. within a day or two for completion of necessary formalities for the visit to Sharjah. The opposite party expressed his inability to act expeditiously in view of the non -availability of a passport with him. The petitioner no. 3 then asked the opposite party to nominate another person to avail the offer of the free trip to Sharjah. The Opposite party/Complainant then nominated his nephew who held a valid passport, for the trip to Sharjah. The petitioner no. 3 assured the opposite party/ Complainant that the nomination was valid and that there was no age bar in the contest. The fact that the nominee, the son of the sister of the opposite party was a minor was in consequential. The opposite party/ Complainant sent his nephews passport to petitioner no. 3 by courier on 28.3.2001. Petitioner no. 3 acknowledged receipt of the passport and telephonically assured that the air ticket and visa shall be sent by 10.4.2001. She further informed that the flight from Mumbai to Sharjah was on 14.4.2001 departing at 3.45 a.m. from Sahar Airport, Mumbai.

(3.) ON 5.4.2001, the petitioner no. 3 telephonically intimated that the ticket and visa should be collected at the Airport at Mumbai from the companys representative if the same was not received at Patna by then. On 7.4.2001, the petitioner no. 3 telephonically replied to the opposite party that the ticket and visa should reach the opposite party by 10.4.2001. On 9.4.2001 petitioner no. 3 telephonically informed the opposite party/Complainant that the visa application of his nephew had been rejected.