CELSIUS HEALTHCARE PVT LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 03.02.2014 passed by the learned Judicial Magistrate, 1st class, Patna, in Complaint Case No. 2217 (C) of 2013 (Trial No. 2671 of 2013) by which the learned Magistrate after holding enquiry has found prima facie case against the petitioners for the offence under Section(s) 406 and 420 of Indian Penal Code.

(2.) Counsel for the petitioners submits that there is no criminal intent and the case is purely of civil dispute. There are no ingredients of Sections 406 and 420 Indian Penal Code. Learned Court below has passed the impugned order in mechanical manner.

(3.) Learned Counsel for the Opposite Party No.2 submits that the learned Magistrate after perusing statement of the witnesses recorded during enquiry and the allegation in the Complaint Petition found prima facie case against the petitioners. Counsel for the Opposite Party No.2 further submits that the allegations contain several disputed question of facts, which can only be properly adjudicated after proper trial.