SANJAY KUMAR CHOUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the opposite party No. 2. This application has been filed for quashing of the order dated 30.5.2007 passed by the then Additional Chief Judicial Magistrate, Bermo at Tenughat in Gomia P.S case No. 10 of 2007 (G.R. No. 61 of 2007) whereby and whereunder cognizance of the offences punishable under Sections 420/406/34 of the Indian Penal Code has been taken against the petitioner and others.

(2.) The facts giving rise to this application are that one Mandal Lal Gope, opposite party No. 2 lodged a case alleging therein that this petitioner and one Vyash Kumar used to pressurize him to have share of the Petrol Pump. Being persuaded with, he on 26.6.2003 paid a sum of Rs. 1,50,000/- to Vyash Kumar, Manager of the Petrol Pump under a receipt granted by him. While taking money, the petitioner and other accused had told the informant that accounting would be done after a year.

(3.) Before completion of the year, the other accused Vyash Kumar again persuaded the informant to give money on the pretext that business is not running smoothly. Upon it, further a sum of Rs. 2,00,000/- was given on 13.5.2004, for which receipt was again granted by Vyash Kumar. After completion of one year, when the informant started demanding money, the accused persons avoided to make payment on one pretext or the other. The other day, it could be known from the news published in the newspaper that the accused persons after closing the Petrol Pump have fled away and that they have cheated in the same manner to number of persons.