BHIKHARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner one of the two named accused of complaint case No. 2164 of 2005 has prayed for quashing of the complaint case including the order dated 1.8.2006 passed therein by Sri V.P.Tiwari, J.M. Ist Class, Chapra, whereby he has taken cognizance of offences under Sections 406 and 420, IPC.

(2.) One Saroj Kumar Gupta, the complainant, impleaded herein as opposite party No. 2, filed the said complaint on 3.9.2005 inter alias alleging commission of offences under Sections 419, 420, 467, 468, 471 and 406, IPC by the two co-accused from 24.4.1999 towards.

(3.) According to the complainant the accused persons carry on business in brokerage of share certificates and bonds through their agency "Share Market Taraiya" and the complainant having come in association with them through monetary transactions with them whereby he had earned suitable profits by investing and selling in share certificates and bonds and thereby had developed visiting terms. It is said that having full faith in the accused by reason of their past records and performance and their suggestions of lucrative profits the complainant paid by cheque on 24.41999 Rs. 39,000/-, on 12.1.2001 Rs.7000/- and then again on 23.12.2001 Rs.99,000/- for investing in suitable bonds and share certificates and the said cheques were encashed. The plaintiff also invested Rs. 57000/- by way of cash for which a receipt was granted. The money is said to have been invested in share certificates and bonds of Tata Communication, T.C.L., T1SCO etc., in the name of the complainant, his wife, mother and son, the full details whereof has been furnished in the complaint petition.