VEERARAGHAVAIAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of the order dated 28-3-1998 passed by Judicial Magistrate, 1st Class. Muzaffarpur in Complaint Case No. 1559/97 by which the learned Magistrate has taken cognizance of offence against the petitioner under Sections 323, 504 and 384 of the Indian Penal Code.

(2.) The complainant opposite party No.2 is the Manager of M/s. Manish Travels. He, in the capacity of Manager, filed a complaint case in the Court of Chief Judicial Magistrate against the petitioner who is the Regional Manager and one Managing on rector of United India Insurance Company Ltd.

(3.) The prosecution story, inter alia, is that the complainant is the Manager of M/s. Manish Travels and Shri Sudhakar Prasad is the proprietor of the said firm who carries on transport business. The two vehicles of the company were insured with the United India Insurance Company Ltd. and both the vehicles met with an accident and badly damaged. The complainant lodged two claims with the Insurance Company. The allegation in, the complaint petition is that after the verification of the claim the accused persons were informed and directed by the Head Office for payment of compensation to the complainant but the accused persons avoided payment of compensation to the complainant on one pretext or the other. Further allegation is that the accused person in formed the employer of the complainant on telephone that he may come to the Divisional Office of the Insurance Company at Muzaffarpur and collect the payment by cheques as his claims have been settled. It is alleged that as per the direction the complainant visited the office of the Insurance Company at Muzaffarpur to meet the accused persons. The complainant was called in the Chamber of the Divisional Manage)T and he was asked to pay Rs. one lac for the settlement of claim and to get the 20m sensation amount. It is, further alleged that when the complainant refused to pay any bribe illegally claimed be the accused persons the accused No.1 (petitioner) started abusing the complainant and he was-assaulted and convened. The accused persons alleged to have obtained the signature of the complainant on a blank piece of paper under threat of his life.