BHAWAN ALANKAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is a Proprietorship firm under the name and style of M/s. Bhawan Alankar. The present application has been filed at the instance of the Proprietor of the firm, whereby a challenge has been put up to the order dated 7.2.2007, passed by the learned Judicial Magistrate 1st Class, Patna in Complaint Case No. 2900(G) of 2006, whereby cognizance has been taken under Sections 406, 467 and 468 of the Indian Penal Code. A further challenge is to the order dated 3.4.2010, whereby the prayer made on behalf of the petitioner under Section 210 of the Code of Criminal Procedure has been rejected by the learned Judicial Magistrate. The Opposite Party No. 2 filed a complaint before the learned Chief Judicial Magistrate, Patna, vide Complaint Case No. 2900(C) of 2006, whereby it was alleged that two demand drafts along with a cheque were given to the complainant for the purposes of supply of white cement. The cheque got encashed whereas the drafts were found to be forged. The complainant informed the accused persons telephonically about the drafts being forged, as reported by the Bank authorities, but no payment was made at the instance of the accused persons. The sum and substance of the allegation, therefore, is that the accused persons including the petitioner, out of mala fide and guilty intention, procured goods from the complainant and gave forged and fabricated demand drafts, thereby causing huge wrongful loss to the company, leading to the attraction of the offences under Sections 406, 409 and 420 of the Indian Penal Code. The aforementioned complaint is said to have been lodged on 11.10.2006. An F.I.R. was also lodged against unknown accused persons through the agency of the Bank of Baroda in which it was alleged that the demand drafts, submitted by the complainant of the present case, were found to be forged and fabricated. Thus, the F.I.R. was lodged on 9.10.2006, i.e., about two days prior to the lodging of the complaint, contained in Annexure -1.

(2.) THE complaint, lodged by the Opposite Party No. 2, was acted upon and vide order dated 7.2.2007, the learned Judicial Magistrate 1st Class, Patna took cognizance for offences under Sections 406, 467 and 468 of the Indian Penal Code.

(3.) FROM a perusal of the order dated 3.4.2010 passed by the court below, it would appear that the court below took note of the fact that the offences in the present complaint and the First Information Report (Annexure -2) were of different tenor and even the applied Sections of the Indian Penal Code are different. It was found out by the court below that the F.I.R. of Gandhi Maidan P.S. Case No. 332 of 2006 was instituted for the offences under Sections 467, 468, 469, 420, 511 and 471 of the Indian Penal Code.