KALLOL SARKAR @ KALLON SARKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. This application has been filed for quashing of the entire criminal proceeding of Complaint bearing C/1 Case No. 3304 of 2011, including the order dated 13.3.2012, whereby and whereunder, the then learned Judicial Magistrate, 1st Class, Jamshedpur, took cognizance of the offences punishable under Sections 406 and 420 of the Indian Penal Code against the petitioner.

(2.) The case of the complainant as it appears from the complaint petition is that the vehicle of the complainant was insured with "Royal Sundaram Alliance Company Limited", to which the petitioner is the Manager. When the vehicle of the complainant got damaged, he led claim before the Insurance Company which was repudiated. Thereupon the instant complaint was lodged, alleging therein, that the petitioner has committed offence of cheating and misappropriation. On such complaint, when cognizance of the offences punishable under Sections 406 and 420 of the Indian Penal Code was taken vide order dated 13.3.2012, the same was challenged in this application.

(3.) Mr. Ashutosh Anand, learned counsel appearing for the petitioner submits that taking the entire allegation made in the complaint to be true, no offence is made out either under Section 420 or under Section 406 of the Indian Penal Code and as such, the order taking cognizance is fit to be quashed.