JORJY INTERNATIONAL PRIVATE Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS is application for quashing the complaint case bearing Complaint Case No. 2697(C) of 2004 including the entire criminal proceedings before the Chief Judicial Magistrate, Patna, who was pleased to transfer the case Under Section 192(1) of the Cr.P.C. for enquiry and disposal to the court of S.D.J.M. Patna in Trial No. 2304 of 2004, where in the learned S.D.J.M. was pleased to take cognizance against the accused persons Under Sections 409, 420 and 120B of the I.P.C. on 7.1.2005, as the opposite party No. 2 had filed (Sic) fictitious complaint case against the petitioner which is an abuse of the processes of the court.

(3.) THE complaint petition was filed by the complainant -opposite party No. 2, Nilofar Nahid, wherein it was alleged that complainant -opposite party No. 2 was appointed as clearing and forwarding Agent for the city of Patna of the petitioners' firm and after finalisation of such appointment, an agreement was made in between the firm and the complainant opposite party No. 2 on 1.11.2003, known as Clearing and Forwarding Agency Agreement duly signed by the Director of the aforesaid Firm, Sanjay Kalra, Petitioner No. 2, and the complainant opposite party No. 2, who was no deposit Rupees two lacs as security deposit before commencement of business of clearing and forwarding Agency Agreement, which was refundable in future without any interest, but the accused -petitioner had not paid the commission, as agreed upon by the petitioner's firm to the complainant -opposite party No. 2 inspite of repeated reminder to the firm and their officers. It is further alleged in the complaint case that the opposite party No. 2 had approached the firm of the petitioner for commission of Rs. 54000/ - and also for the refund of security money of Rupees two lacs, but no action had been initiated for atleast refund of security money and they have also appointed other Clearing and Forwarding Agent for Patna and started business.