GYAN PRAKASH KAUSHIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal miscellaneous application under Section 482 of the Cr.P.C. has been filed to quash the order dated 20.12.2010 passed by learned Chief Judicial Magistrate, Purnia in Complaint Case No.2852 of 2010 whereby and whereunder the learned Magistrate in prima-facie case for the offence under Sections 385/34 of the IPC summoned the petitioners.

(2.) Heard and perused the record.

(3.) The Opposite Party No.2 filed the aforesaid complaint case on the file of CJM alleging inter-alia that these petitioners are Junior Engineer and Deputy General Manager of M/S Mahindra & Mahindra Limited (FES), Swaraj Division and in course of business of tractor they used to visit, Purnia and stay at hotel and some times in the office-cum-guest room of the business premises of the complainant. The complainant had kept some cheques duly signed by him in the business premises for the business purpose. The said cheques were found to lost and on enquiry he came to know that on 29.11.2003 and 23.01.2004, the petitioners were seen handling some cheques and paper kept in the office of the complainant. The petitioners misused the said cheques for which complainant filed Miscellaneous Petition No.64 of 2010 before the court of learned CJM, Purnia on 12.01.2010. The complainant has further alleged that these petitioners in conspiracy with each other committed theft of the cheque book and used the same by committing fraud and forgery. They demanded Rangdari from him to the tune of Rs.10,00000/-. The complainant on solemn affirmation and some other witnesses supported the case and the court below finding prima-facie case has ordered for issuance of summons.