ANITA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application under section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the order dated 14.09.2011 passed by the learned Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1611 (C) of 2011 whereby finding prima facie case for the offences punishable under Sections 406 and 120B of the Indian Penal Code, the learned Magistrate summoned the petitioner.

(2.) Heard Mr. Akhileshwar Prasad Singh, learned Senior Counsel for the petitioners, Sri Jagarnath Singh, learned counsel for the Opposite Party No. 2 and Sri Ashok Kumar, APP for the State.

(3.) The facts in brief is that the Opposite Party No. 2 (complainant), Jay Kumar Singh, Director, CECON Engineers India Pvt. Ltd. filed a Complaint Case No. 1611 (C) of 2011 on the file of C.J.M., Patna alleging inter alia that he entered into a tripartite agreement. The agreement was executed by the complainant as Project Partner, land owners and one Smt. Neena Das, Director of Ashray Engcons Pvt. Ltd. for construction and development of multi-storied commercial building known as Harihar Chamber. The work for completion of the building was started after investing of an amount of Rs. 3 crores collected from the market as also from the shares/loans from different private financer. The building could not be completed and so, the Opposite Party No. 2 decided to lease out the premises of commercial complex and in course of which the petitioner nos. 1 and 2 approached him for shop No. A-10 having area 549 sq. feet. They agreed to make payment of Rs. 10500/- per month besides security money to the tune of Rs. four lacs. The Complainant considering the financial scarcity in completion of the building agreed and consented for opening the shop to the petitioner nos. 1 and 2 on the above terms and conditions. The security amount of Rs. 4 lakhs was agreed to be paid at the time of execution of the deed of agreement. The petitioner nos. 1 and 2 after settling their shop paid the agreed rent of Rs. 10500/- per month till August 2006, but thereafter they neither paid any rent nor came to execute the deed of agreement on payment of security money Rs. 4 lacs. The complainant sent a legal notice on 09.08.2008 and a reminder dated 01.10.2008 to which they gave reply on 22.09.2008 and denied the relationship of landlord and tenant. The complainant then filed an Eviction Suit No. 66 of 2008 for evicting the petitioner Nos. 1 and 2 from the said premises. In the said suit they appeared and filed their written statement denying the relationship of landlord and tenant. The accused persons have thus misappropriated the huge amount of rent and security money for their personal gain causing loss to the complainant. The complainant, in course of enquiry, examined the witnesses. The learned Magistrate after going through the statement of complainant, his witnesses and documents on record found prima facie case for the offences under Sections 406 and 120B of the Indian Penal Code and ordered for issuance of summons against the petitioners and other co-accuseds.