DR. MAHRUKH KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Mahesh Narayan Parbat, learned Senior Advocate for the petitioners, Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State and Mr. Sanjay Kumar, learned Advocate for the complainant/opposite party No. 2.

(2.) This application under section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing of the summoning order dated 06.03.2013 passed by the learned Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1663 (C) of 2012 and the entire proceeding arising from the aforesaid complaint in which cognizance has been taken of the offences under Section 323, 341, 379 and 403 of the Indian Penal Code.

(3.) The case of the complainant, in brief, is that he had given a sum of Rs. 2,25,000/- to the husband of the petitioner, namely, Dr. Najimuddin Haider Khan at his request and the request of the petitioner No. 1 in the year 2008 for the purpose of running business of Ashiana Nursing Home. He was assured by the deceased husband of the petitioner No. 1 that he would be inducted as a director in the said nursing home and would be given 50 per cent share in the profit of the said business. However, after taking money, the complainant was neither inducted as a director nor his request in this regard was acceded to. On 27.10.2011, the husband of the petitioner No. 1 died and, after his death, on demand, the petitioner No. 1 had handed over a cheque of Bombay Mercantile Co-operative Bank Ltd. Patna Branch of Rs. 2,25,000/-, dated 24.10.2011. It was under the signature of her deceased husband Dr. Najimuddin Haider Khan. On objection made by the complainant regarding signing of cheque by a person, who was dead, the petitioner No. 1 replied that the cheque was of joint account. However, on presentation, on 22.03.2012, the cheque was dishonoured due to insufficiency of fund in the account. A legal notice in this regard was sent on 06.05.2012 to the petitioner No. 1. It is alleged that on 12.05.2012, the complainant visited her nursing home and requested her to pay the said amount, but he was assaulted by her and her staffs (petitioner nos. 2 and 3) and petitioner No. 1 is alleged to have snatched his golden chain and petitioner nos. 2 and 3 are alleged to have taken away his watch and Rs. 2000/- in cash.