K P SHRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this application under sec. 482 of the Code of Criminal Procedure the petitioner seeks quashing of the order dated 6.5.1996 passed by Additional Chief Judicial Magistrate, Bagaha in Complaint Case No. 143 of 1996 under sec. 420 of the Indian Penal Code by which the learned Magistrate has taken cognizance and ordered for the issuance of summons to the accused persons including the present petitioner.

(2.) It appears that a complaint (copy at Annexure-4) was filed by opposite party no. 2 against the present petitioner and four others alleging that an agreement was entered into between H.M.P. Sugar Mill, Bagaha of which the present petitioner is the General Manager in respect of the payment of the price of the sugar cane which was to be supplied by the sugar cane growers to the Mill. It was alleged that relying on that agreement, which was annexed with the complaint, the sugar cane growers supplied sugar cane worth crores of rupees but the petitioner and other co-accused had not made full payment of the last season nor they are making payment according to rules in respect of the sugar cane supplied in the current year. Grievance of the complainant was that the petitioner and other co-accused have committed the breach of the agreement and has not made payment despite the terms contained in the agreement.

(3.) The learned Magistrate examined complainant and five witnesses and by the statements of those persons he found that the prima facie case against present petitioner and two others have been made out as they had signed on the agreement. Accordingly, he took cognizance against the petitioner and two other co-accused for the offence punishable under sec. 420 of the Indian Penal Code and ordered for issuance of summons to them. Being aggrieved by the said order the present application has been filed.