SANJEEV KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY the Court. -This Writ Petition (Criminal) has been filed by the petitioner to quash the entire criminal prosecution arising out of Complaint Case No. C.1300/2009 [T.R. No. 936/2010], pending in the Court of Judicial Magistrate, 1st Class, Hazaribagh and also the Order dated 11.11.2009 by which the petitioner has been directed to face trial for the offences punishable under Sections 406, 420 and 506 of the Indian Penal Code.

(2.) THE fact appearing from the complaint in brief is that the petitioner happens to be the super stockiest of the Himtaj Herbals Company whereas the complainant happens to be the Distributor at Ramgarh. It is disclosed that the complainant placed order for supply of certain goods of Himtaj Herbals Company amounting to Rs. 25,000/ - and on receipt of such order the petitioner supplied goods to the tune of Rs. 24,532/ -. The payment was duly made by the complainant to the petitioner. On verification goods worth Rs. 21,372/ - were found to be of expiry date and therefore the complainant made a request to replace those articles. The complainant received those articles and. thereafter dispute arose between the parties. The complainant had been claiming refund of amount against the goods returned but no refund was made by the petitioner. When the complainant started chasing for the refund of amount, he was threatened and hence this complaint was filed.

(3.) IT is submitted that no offence under Sections 406 and 420 of the Indian Penal Code is made out on the basis of the averments made in the complaint. The complainant was not induced in any manner and no deceptive intention was present at the initial stage of transaction and the ingredients of Sections 406 and 420 of the Indian Penal Code are not attracted.