DHEERAJ LULLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Writ Application (Criminal) has been filed for quashing the entire criminal proceedings arising out of C. No. 1061/2007 including the Order dated 29.5.2009, passed by learned Judicial Magistrate, Ranchi in connection with the said case whereby cognizance under Section 420 of the Indian Penal Code has been taken against the petitioner and he has been directed to face trial and in consequent, warrant of arrest also issued on 9.11.2009. The brief facts of the case is that the Complainant/Respondent No. 2 [hereinafter referred to as 'R-2' in short) filed a Complaint Case No. 1061 of 2007 against the petitioner alleging therein that the petitioner, being the Managing Director of M/s. Endo Labs Ltd., a Company manufacturing medical goods, authorised him to obtain supply orders from RCH, Ranchi for supply of medicines for which tenders were invited by Jharkhand State Health and Family Welfare Society, Ranchi. The complainant was authorised for quoting rates, submitting tenders, participating in negotiation and receiving payments against supply made on behalf of Endo Labs Ltd. In this context an agreement and power of attorney were executed by the petitioner. It was agreed that the R-2 would get suitable commission against the supply order, if made in favour of the petitioner. The R-2 being a local businessman, having business connections agreed to the proposal and managed the contract in favour of the petitioner.

(2.) The petitioner has contended that the complainant in his statement on solemn affirmation (hereinafter referred to as 'S.A.' in short) has clearly admitted that he has lodged this case with a purpose to receive old dues lying against the petitioner. He has not come up with fair hands. The earnest money which he had deposited with RCH, Ranchi, was refunded to him. So far contributory deposit of Rs. 5 Lac is concerned, the petitioner has all along admitted in his reply to the notice and he was always ready to tender that amount but the complainant instead of accepting the same, lodged this case with false and frivolous allegation which do not constitute offence for which the complaint is filed.

(3.) The points needs to be addressed are:-