RAKESH AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD.

(2.) THE petitioners have filed this application under Section 482 Cr.P.C. for quashing of the order of cognizance dated 27.1.2006 passed by Judicial Magistrate, Biharsharif, Nalanda in Complaint Case No. 1271(C) of 2005, Trial No. 1774 of 2006 thereby and thereunder the learned Magistrate has taken cognizance against the petitioners under various sections of the I.P.C.

(3.) THE learned Counsel for the petitioners referred to several decisions of the apex court including Charanjit Singh Chadha and Ors. v. Sudhir Mehra reported in 2001(7) SCC 417 and submitted that re-possession of goods as per the term of the agreement does not amount to any criminal offence and, therefore, impugned order of cognizance is apparently illegal and bad in law.