MANAGING DIRECTOR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed to quash the order dated 12.03.2010 passed by the learned Judicial Magistrate, 1st Class, Patna in Complaint Case No. 140 (C) of 2010 whereby and whereunder the learned Magistrate finding prima facie case for the offence under Sections 420 and 385 of the Indian Penal Code, summoned the petitioner and other coaccused.

(2.) Heard both sides.

(3.) The Opposite Party No. 2 filed a complaint case on the file of the learned C.J.M. alleging inter alia that the complainant was known to accused no. 6 and on his inspiration and assurance of facilitation of loan on cheap rate from TATA Motors Finance Ltd., he entered into an agreement to purchase a vehicle from accused no. 2 M/s Guinea Motors Pvt. Ltd. The complainant paid Rs. 1,32,500/- to Guinea Motors and the balance amount of Rs. 4,00,000/- was to be financed by TATA Motors Finance Ltd. A receipt was issued from which the complainant learnt that the agreement was for the sale of Sumo Spacio Gold vehicle instead of the desired Sumo Victa Vehicle. The complainant raised protest and thereafter, a fresh agreement for purchase of Indica DLS Vehicle was executed. The amount of Rs. 1,32,000/-, which was given to the accused No. 2, was agreed to be adjusted against the new loan account after deducting an amount of Rs. 2500/- towards cancellation charge. The balance price of Rs. 2,60,000/- for Indica DLS Vehicle was agreed to be financed by TATA Motors Finance Ltd. As per agreement, 20 post dated cheques for an amount of Rs. 7115/-, one cheque for Rs. 7070/- and one blank signed cheque by way of security were also handed over. The complainant withdrew his statement of account from the bank on 31.12.2009 and found that on 03.05.2008, the accused persons in criminal conspiracy have used one cheque to withdraw an amount of Rs. 11,230/- from his account. The complainant filed a complaint case as regards fraudulent withdrawal of Rs. 11,230/- from his account. In course of enquiry, the complainant was examined on S.A. besides two other witnesses. The learned Magistrate finding prima facie case has summoned the petitioner and other co-accused.