MUNNA Vs. STATE

JUDGEMENT

(1.) BY the Court. - -This application has been filed under Section 482 of the Code of Criminal Procedure for quashing the order taking cognizance dated 6.11.2001, whereby and whereunder the learned Court below took cognizance for the offence under Section 420, IPC in connection with Complaint Case No. 1015 of 2001.

(2.) THE prosecution case in brief is that the complainant opposite party No. 2 is the partner of Firm M/s. Kamalakant Paul and Sons at Giridih. The said firm deals in Sunmica, laminated glass, plywood, Modi fload glass, Modi mirror and more items. The accused/ petitioner was the authorised representative of M/s. Glass King and Furnishing House, Bhagalpur and he used to purchase various items from the complainants shop. It is further alleged that on 26.2.2000, the petitioner/ accused purchased plywood, glass and sun -mica worth Rs. 1,53.658.82 and paid only a sum of Rs. 1,05,000/ - by way of demand draft and for the balance amount of Rs. 48,658.82 paise the accused/petitioner promised to pay by 10.3.2000. It is further claimed that in -token of his promise, the accused petitioner signed a hand note showing balance amount of Rs. 48.658.82. The complainant demanded the dues several times but the accused/ petitioner did not pay the said dues. Hence, a legal notice was also issued and thereafter the complaint case was filed.

(3.) ON the other hand, the learned APP contended before me that a dues of Rs. 48,000/ - and odd is lying with the accused and the accused person is not even trying to pay back the said amount.