RAJ KUMAR LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure is for quashing the order dated 6.1.2006 passed by the learned Sub divisional Judicial Magistrate, Begusarai in Complaint Case No. 1635(c) of 2005 whereby he has ordered to issue summons against the petitioner and other co -accused for facing trial for the offences under Sections 420 and 406 of the Indian Penal Code.

(2.) The case of the complainant -opposite party No. 2 is that he is the owner of M/S. Mansa Enterprises and the petitioner and other co -accused are the office bearers of M/S. Marc Laboratories (P) Ltd., and are engaged in expansion of sale of medicines of the Company. The petitioner and other co -accused gave the marketing right of the Company to the complainant for the area of Begusarai and assured that the goods would be delivered by the transport and that if any medicine was broken in the way, the complainant would not be responsible. The Company would also take back the unsold medicines. On the above assurance, the complainant started selling medicines after taking the medicines of the Company and also made payment of medicines received by cheque, cash and Bank draft. On several occasions accused No. 2 received payment and delivered all medicines. During the course of business the complainant returned the unsold medicines of Rs. 2,90,000/ -. The accused persons had induced him to make cash payment and had assured that there would be no irregularity. On this assurance he paid about Rs. 3,90,000/ - in cash to accused No. 2 but in spite of repeated requests the accused persons did not give him the statements of cash payment made by him. According to the accounting done by the complainant till 21.12.2004, the accused persons were liable to pay Rs. 37,676/ - but in spite of repeated demands they did not pay the same.

(3.) LEARNED Counsel for the petitioner submitted that no offence is made out on the allegations made in the complaint petition. He further submitted that, in fact, M/S. Dhillon Road Carriers in conspiracy with Opposite Party No. 2 took medicine worth rupees seven lacs of opposite party No. 2 but made no payment for which the petitioner has filed a complaint petition (annexure - 2) against them being Complaint Case No. 1070 (c) of 2004 much prior to the institution of the present case. During the pendency of that case, opposite party No. 2 pressurised him to withdraw the case and threatened him with dire consequences for which he (petitioner) filed an informatory petition (annexure - 3) and thereafter to wreck vengeance this complaint case has been filed. The instant complaint is, therefore, false and malafide.