DKJHAVER Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure for quashing the order dated 23.2.95 passed by Sri M.J. Islam, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 607 (C) of 1993 whereby the learned magistrate rejected the prayer of the petitioners for appearance through their lawyer under Section 205 of the Code of Criminal Procedure.

(2.) It appears that opposite party No. 2 Awadnesh Kumar Singh filed a complaint (annexure-1) on 4.7.94 before the Chief Judicial Magistrate, Patna alleging therein that on 12.10.93 the petitioners came to his shop at 10.30 A.M. and offered Super Stockist- ship of Tablets (India) Ltd. to him (op- posite party No. 2) if he immediately paid Rs. 2,39,000/- in cash and the (complainant) reluctantly gave a self- cheque No. 5814187 dated 12.10.93 for Rs. 2,39,000/- drawn on Canara Bank, Gandhi Maidan, Patna to petitioner No. 1 who got the same encashed through petitioner No. 3. Further allegation in the complaint petition is that the complainant contacted the petitioner on various occasion and also wrote letters but he was neither awarded s.tockistship of Tablets (India) Ltd. nor the amount advanced by him was returned back to him and thus, he was cheated by the petitioners.

(3.) It appears from the petition that after enquiry under section 200 of the Code of Criminal Procedure, the learned Court below passed an order on 1.10.94 taking cognizance of offence under section 420/34 of the Indian - Penal Code and ordered for issuance of summons to the petitioners. In pursuance of summons the petitioners appeared before the learned magistrate through their lawyer and filed a petition for allowing them to be represented through their lawyer under Section 205 of the Code of Criminal Procedure. By the impugned order the learned magistrate rejected the petition of the petitioners and hence this petition under Section 482, Cr. P.C., for quashing the impugned order dated 23.2.95 and for allowing the petitioners to be represented through their lawyer under Section 205, Cr. PC.