SANJOY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Krishna Mohan, learned counsel for the petitioner, Mr. S.M. Manzar Ahsan, learned counsel for the opposite party No. 2 and the learned APP on behalf of the State.

(2.) IN this application, the petitioner has prayed for quashing the entire criminal prosecution launched against him on the complaint filed by the opposite party.

(3.) THE complaint made before the Chief Judicial Magistrate, Bhagalpur reveals that the petitioners and the opposite party, two businessmen deal with Silk materials, entered into a written agreement for supply of some cloth by the opposite party to the petitioner. The petitioner is an exporter and on getting materials, he exports the same. The allegation of the complainant is that on 17.12.1998 the petitioner and one Ram Autar Yadav met the complainant and requesced him to enter into a business contract with the petitioner in T.G. cloth each month. The sample shown by the complainant satisfied the accused and he confirmed the order. Terms and conditions were enumerated in the said contract. Admittedly, this written agreement was entered into on 9.1.1998. However, when on 9.1.1998 the complainant asked for the amount for the order of 6070.45 metres of cloth as advance the accused assured him that the balance cloth may be given and within two days Rs. 1,50,000/ - would be paid. The complainant delivered 6070.45 metres T.G. cloth on 9.1.1998 but, the amount was not paid. The complainant came to know that the cloth was sent to Delhi and the accused -petitioner sold that cloth to other persons for some more profit. Ultimately, it is admitted that 5756 metres of cloth were returned to the complainant but, balance cloth measuring 315.45 metres were not returned. The complainant, thus, asked for the price of the balance cloth of 315.45 metres, which was to the tune of Rs. 71,045/ -. It is said that the accused wanted to return the agreement and, therefore, the application.