NAND KISHORE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order passed dated 15.12.2005 passed in C.A. No. 2417 of 2004 by the Judicial Magistrate, 1st Class, Katihar by which a prima facie case under Section 420 of the Indian Penal Code was made out against the petitioner and a summon was issued against the petitioner.

(2.) It has been submitted that the complainant never gave the amount of Rs. 33,500 to the firm of the petitioner for accessories as alleged.

(3.) It has further been submitted that the complainant himself has stated in the complaint that Bank concerned gave Rs. 3,09,613/-. The petitioner handed over the tractor to the complainant along with all the accessories because tractor includes all the accessories and question does not arise to take any extra charge in terms of money for the accessories from the complainant.