NIKHIL PRIYADARSHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel for the opposite party no. 2.

(2.) This petition has been filed for quashing the order dated 30.09.2010 passed by the Chief Judicial Magistrate, Siwan in Complaint Case No. 2282 (C) of 2010 by which the Chief Judicial Magistrate, Siwan has taken cognizance of the offence under Sections 323, 406, 409, 504 and 506/34 of the Indian Penal Code.

(3.) The short facts of the case, according to the complainant, are that he booked a Scorpio VLX vehicle in the name of his wife Maya Singh and for this purpose, deposited Rs. 50,000/- with the petitioner, receipt of which was acknowledged on 26.06.2010. The balance amount of Rs. 9,52,207- was also paid by the complainant by taking loan in the name of his wife from Allahabad Bank. Despite such payments, however, the petitioner kept deferring delivery of the vehicle on one pretext or the other. The petitioner again requested the complainant for delivery of the said vehicle on 24.08.2010. Once again delivery was not given to the complainant leading him to file the present complaint. He was also not refunded the money paid, nor the sum of Rs. 25,000/- by way of the bank interest already incurred.