MANOJ KUMAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned A.PP for the State.

(2.) THE petitioner is aggrieved by order dated 2.8.2006 passed by Sri B.K. Chaudhary, Judicial Magistrate 1st Class, Patna in Complaint Case No. 822(C) of 2006 whereby and whereunder the learned Magistrate has found a prima facie case under Sections 406, 419, 420, 465, 467, 468, 471. and 120B of the Indian Penal Code to have been made out against the petitioner.

(3.) IT has been submitted on behalf of the petitioner that he is the proprietor of the Firm running in the name and style of M/s J.M.D. Computech and its Office situated at G/5 Abhilasha Apartment, 176. Patliputra Colony, Patna and that his Firm was registered under the Shops and Establishment Act, bearing Registration No. PT 57011. It. has also been submitted that the petitioner was contractor and vendor of several Companies including Airtel, TATA Tele Service Ltd. and after getting appointment letter issued from the said Companies the petitioner received work order. It is also alleged that it was the complainant who misappropriated a huge amount of Rs. 4.50 lacs of the petitioner 'sFirm and for the said offence a legal notice had been sent to the complainant on 21.4.2006. It has also been submitted that later on the petitioner came to know that the complainant had opened a firm in the same name and style of M/s J.M.D. Computech and had obtained Registration No. PT 51652 dated 14.2.2003 under the Shops and Establishment Act. It is apparent that the complainant had committed fraud with the petitioner with a view to defraud the petitioner of huge sum of money. It has further been submitted that the petitioner herein had filed a Complaint Case No. 1275(C)/06 in the Court of the learned Chief Judicial Magistrate, Patna against the complainant wherein cognizance was taken on 7.7.2006 under Sections 323, 380, 427, 420, 468, 471 and 504 of the I.P.C.