S K SARKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application, the petitioners have prayed for quashing the order dated 14-11-1997 passed by the Judicial Magistrate, Jamshedpur in complaint case No. C/ 1-495/97 by which the learned Magistrate has taken cognizance and issued summons against the petitioners to stand trial under Sections 379, 403, 420, 323 and 506 of the Indian Penal Code.

(2.) I have heard Mr. D.N. Sinha, learned Counsel for the petitioners and Mr. P. Gangopadhyaya, learned Counsel appearing on behalf of the complainant-opposits party No. 2.

(3.) The complainant-opposite party No. 2 filed complaint against the petitioners alleging, inter alia, that he is the owner of truck bearing registration No. M.P. 23-DA-0417 which has been purchased by the complainant under hypothecation in favour of M/s. B.C.L. Finance Service Ltd. It is alleged that on 24-7-1997 all of a sudden without any information to the complainant, the accused-persons have stolen the said truck of the complainant along with a sum of Rs. 76,000/- and some other articles were also kept in the safe-box and cabin of the said truck. After coming to know of the said fact the complainant tried his best to search out his truck and lastly he met the accused-persons in their office and then the accused- persons admitted before the complainant that the said truck along with the aforesaid amount is lying in their custody and that will be adjusted agianst the instalments due and they will release the truck very soon. It is further alleged that the accused- persons informed the complainant that his truck is kept lying in the compound of Telco police station. It is therefore, alleged that the accused- persons, with dishonest intention, have stolen away the truck and the money of the complainant and by false assurance, they have kept the same and have misappropriated and converted the said sum to their own use in furtherance of common intention for wrongful loss to the complainant.