K SAMBASIVA RAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 22.10.2011 passed by the Judicial Magistrate, 1st class, Samastipur, in Complaint Case No.461 of 2011 by which the learned Magistrate after holding enquiry has found prima facie case against the petitioners for the offence under Section(s) 417, 418, 420 Indian Penal Code.

(2.) Brief facts as alleged in the Complaint Petition is that the complainant is the proprietor of M/s Bajrang Traders dealing in fertilizer and caster cake business. The petitioner No.1 is the proprietor of M/s Sri Raghvendra Traders and the petitioner No.2 is the Commission Agent of petitioner No.1. The case of the complainant is that on 20.10.2010, accused No.3 (petitioner No.2) came to the complainant's shop and introduced himself as agent of M/s Raghvendra Traders, Hyderabad, duly authorised to book orders, collect advance money and deliver caster cakes. The complainant thereafter had telephonic talk with petitioner No.1, who told him that petitioner No.2 is his authorised agent and he could finalize the business transaction with him. The complainant entered into business negotiation with petitioner No.2 having faith on the words of petitioner No.1 and ordered for caster cake @ Rs. 6940/- per Metric Ton. The complainant paid 'ten lacs as advance money for the same. The complainant had to bear 2% CST as well as transportation cost of caster cakes from Hyderabad to Samastipur. It was also agreed that the complainant would provide empty bags to the firm of the petitioner No.1 for the caster cakes.

(3.) The complainant after finalizing the deal, transferred five lacs on 22.10.2010 and 'five lacs on 25.10.2010; total ten lacs from the account of Central Bank of India to the account of the petitioner No.1 at Karuna Vaishya Bank, Hyderabad. The complainant after transferring the aforesaid amount in the account of petitioner No.1 also made arrangement for supply of plastic bags worth 'two lacs thirty five thousand to the petitioner No.1 in Hyderabad from Patwari Plastic Pvt. Limited. Thereafter, the petitioner waited to receive the supply of caster cakes from the accused persons but the same was not received within the agreed time. Thereafter, the complainant requested the accused persons via SMS and other sources to send the caster cakes and the accused persons assured that the caster cakes would be sent to the complainant. In the meantime, peak season for agriculture arrived. The complainant went to Hyderabad by JET Airways, but the accused persons told the complainant that because of less production, materials could not be delivered and on assurance of the accused persons the complainant returned to Samastipur, but not a single instalment of caster cakes was received by him from the accused persons. Thereafter, the complainant sent a legal notice to the accused persons on 15.02011, but neither any satisfactory reply was given nor caster cakes were delivered. The complainant always sent SMS and contacted on mobile phones but the accused persons always gave false assurance and in this manner, they have committed fraud and cheating with the complainant by taking 'ten lacs in the form of advance money and also empty bags worth 'two lacs thirty five thousand.