DINESH THAKKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both sides and perused the record.

(2.) This criminal miscellaneous application under section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order 08.05.2013 passed by the learned Judicial Magistrate 1st Class, Muzaffarpur in Complaint Case No. 1588 of 2012. The learned Magistrate, as per above order, found prima facie case for the offences under sections 341 and 504 of the Indian Penal Code and summoned the petitioner.

(3.) The facts, in brief, is that the opposite party no. 2 had filed a complaint case against this petitioner and other co-accused alleging inter alia that the Firm M/s Angel Broking Commodities Company deals in share market and it has its Branch Office at Kedarnath Road, Muzaffarpur, which is named as Appu Apoorva Finance Services. It is alleged that this petitioner and other accused were involved in duping the public by enticing them with offer of making them earn huge profit. The complainant (O.P. No. 2) on being enticed by the accused had deposited an amount of Rs. 72,500/- with the petitioner on 25.07.2010 for purchasing 1000 Kg. of copper at the rate of Rs. 350/- per Kg. and when the prices had gone up to Rs. 470 per Kg., the complainant had directed the accused to sell the same on 15.02.2011 and deposit the amount in his account. The accused after much dithering, deposited an amount of Rs. 2,500/- and rest amount has been swindled by the accused. The petitioner thus, cheated the complainant. It has been alleged that on the date of occurrence, all the accused with intention to erase all proof of cheating confined the complainant and tried to force him to sign on the account closing form. On refusal of complainant, he was assaulted. The petitioner snatched an amount of Rs. 1,000/- and also some important document from the complainant. In course of enquiry, the complainant on solemn affirmation supported the case and the learned Magistrate finding prima facie case, summoned all the accused to face the trial.