BARDHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State as also learned counsel for O.P. No. 2. The petitioners have filed this application for quashing the entire criminal proceeding against them in connection with C/1 Case No. 669 of 2000 including the order dated 7.8.2000 passed therein, by learned Judicial Magistrate 1st Class, Jamshedpur, whereby, prima facie case was found against the petitioners for the offence under Section 406/420 of IPC and process was ordered to be issued against them, as also, the order dated 21.8.2000, whereby N.B. Warrants were ordered to be issued against them.

(2.) It appears that the O.P. No. 2 Samit Sen Gupta had filed the complaint petition in the Court of Chief Judicial Magistrate, Jamshedpur which was registered as C/1 Case No. 669 of 2000. From perusal of the complaint petition, it appears that the case relates to booking of flat by the complainant from these petitioners for which money was advanced, but the construction of the flat was being delayed. It also appears from perusal of the complaint petition itself, that the flat was to be completed in all respects before 8.7.1998 but till 14.10.1998, only 78 % construction of the flat in question had been made and due to this delay, the complaint petition was filed in the Court below.

(3.) The complaint petition clearly shows that the complaint was filed against the petitioners, who were the builders of the flat, only due to the fact that even after two years from the due date of the delivery, the flat was only under construction. After enquiry, by the impugned order dated 7.8.2000, the Court below has found prima facie case against the accused petitioners.