ASHOK KUMAR KEJRIWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has filed this application for quashing the order dated 9-2-2000 passed by Shri P. Kumar, Judicial Magistrate, Ranchi in Protest Petition No. 584 of 1999 whereby and whereunder the learned Magistrate took cognizance of the offence under Ss. 406 and 420 of the Indian Penal Code in connection with Kotwali P.S. Case No. 67 of 1999 arising out of Complaint Case No. 114 of 1999.

(2.) The prosecution case in brief as alleged that the opposite party No. 2 filed a complaint in the Court of the Chief Judicial Magistrate, Ranchi on 18-2-1999 which was sent to the police for registration and investigation under S. 156(3) of the Code of Criminal Procedure (the Code) and it was alleged that the petitioner and opposite party No. 2 are both traders. The petitioner approached opposite party No. 2 on 27-4-1998 for supply of good quality of wheat for his Unit, namely, M/s. Ambika Wheat Product Private Limited and promised to pay commission at the rate of Rs. 3.00 per bag of wheat. The petitioner has given security as post dated blank cheques to opposite party No. 2 and, accordingly, the wheat was supplied to the petitioner for a total sum of Rs. 29,69,902.00 out of which the petitioner has paid a sum of Rs. 16,77,556.00 to opposite party No. 2 and the balance amount of Rs. 12,83,346.00 could not be paid to him in spite of several reminders. The opposite party No.2 had presented post dated cheques given to him by the petitioner as security, but on account of stop payment instructions, the said cheques could not be honoured.

(3.) The police investigated into the case but submitted final report stating that the dispute is of civil nature and thereafter a protest petition was filed which was treated to be a complaint by the Court below. The opposite party/complainant was examined on solemn affirmation and the witnesses were also examined under S. 202 of the Code. After hearing, the learned Court below took cognizance of the offence under Ss. 406 and 420 of the Indian Penal Code against the petitioner, hence this application.