RANJEET MORE 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 06.09.2012 passed by Sri Ghanshyam Singh, learned Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1993 (c) of 2012 whereby finding prima facie case to be made out against the petitioner for the offences punishable under Sections 379, 420, 406/34 of the Indian Penal Code, the learned Magistrate had summoned the petitioner for trial.

(2.) Heard Mr. Rajendra Narayan, learned Senior Counsel, Mr. Surendra Kumar Mishra, learned counsel for the Opposite Party No. 2 and Mr. Humayu Ahmad Khan, APP for the State.

(3.) The facts in brief is that the Opposite Party No. 2 (complainant) filed a complaint case being Complaint Case No. 1993 (c) of 2012 against this petitioner and two others alleging that he is the M.D. of Lal Bhai Construction Equipments Pvt. Ltd., which acquired dealership from the company of the petitioner in the year 2008. The complainant as per the direction of the petitioner handed over a sum of Rs. 14,00,000/- to accused Nos. 2 and 3 on 03.05.2010 to be paid to one R.K. Sharma as a earnest money against award of certain work order in Irrigation Department. It is said that this petitioner (accused No. 1) assured the complainant to return the said amount within a week. Later, it appeared that R.K. Sharma cheated the accused persons for which accused No. 3 lodged F.I.R. being Gandhi Maidan P.S. Case No. 215 of 2010. The said R.K. Sharma was arrested and he started returning money in instalments, but the complainant till the date has not received back his amount which was taken by the accused persons. It has further been alleged that on 30.06.2012, accused no. 3 along with three unknown came at his office and told him to forget the said amount of Rs. 14 lacs. The accused No. 3 assaulted and also took out his purse containing Rs. 10200/- while the other three unknown caught hold of him. The accused persons further threatened the complainant of dire consequences. In course of enquiry, the complainant and his witnesses supported the allegation made in the complaint petition. The court below after assessing the materials on record found prima facie case as stated above and ordered for issuance of summons.