AJAY KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Nobody appeared either on behalf of the petitioner or on behalf of the opposite party no.2. However, having heard learned learned counsel appearing for the State and on perusal of the record, I do find that this application has been filed for quashing of the order dated 10.5.2001 passed by the then Judicial Magistrate, Jamshedpur in C/1 case no.320 of 2000 whereby the whereunder cognizance of the offences punishable under Sections 406 and 420 of the Indian Penal Code has been taken against the petitioner.

(2.) The case of the complainant as it appears from the complaint petition is that the petitioner being Branch Manager of the company, namely, Gati Cargo Management Services offered to sell vehicle (trailer) for a sum of Rs.4,01,000/-. The complainant accepted the offer and paid a sum of Rs.11,000/- as part payment on 3.4.1999. Subsequently, on 22.5.1999 further a sum of Rs.20,000/-was paid, for which receipts were granted but vehicle was never-delivered to the complainant in spite of repeated request. On such allegation, a complaint was filed which was registered as C/1 case no.320 of 2000 under Sections 420 and 406 of the Indian Penal Code.

(3.) After holding enquiry, learned Magistrate took cognizance of the offences punishable under Sections 420 and 406 of the Indian Penal Code which is under challenge.