ASHOK KUMAR ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Manish Kumar, the learned counsel appearing on behalf of the petitioner and Mr. P.P.N.Roy, the learned Senior counsel appearing on behalf of the O.P.No.2. The respondent State has gone unrepresented.

(2.) This petition has been filed for quashing the entire criminal proceeding in connection with C-1 Case No.2722/2014 instituted for the alleged offence under sec. 409/167/120B IPC including the order taking cognizance dtd. 24/11/2014 whereby cognizance under sec. 406 of the IPC has been taken against the petitioner and the matter is pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur.

(3.) The complaint was filed alleging therein that, the complainant is the owner of Tata Motor Truck bearing Registration No.JH- 05W-4675 for which he had obtained Insurance Policy from National Insurance Company and the said truck met with an accident on 27/1/2013 and he informed the Regional Office of Insurance Company about the same on 15/2/2013 who in turn appointed a Surveyor for assessing the loss and the mechanic assessed the total estimate of repair at Rs.2,76,790.00 in presence of the said Surveyor. It is further alleged that the said Surveyor demanded 20% bribe for submitting genuine report in order to settle the claim amount otherwise he warned that he would submit undervalued report but the complainant did not oblige him and complained to the petitioner who also asked him to comply with demand of Surveyor but the complainant did not accept the said suggestion and submitted original bills and receipts for settlement of his claim for Rs.1,64,968.00 on 17/6/13 but his claim was not settled for more than a year and thereafter he got sent a legal notice to the petitioner and Insurance Company on 18/4/2014 and the petitioner replied to his legal notice on 22/4/2014 stating that as per Survey Report his claim has been settled @ Rs.59,031.00 and he was asked to collect the same in accordance with procedure. It is further alleged that the complainant sent a reply letter on 9/5/14 through his lawyer objecting to high handed manner in which his claim was settled. It is further alleged that his claim was not settled as per bills submitted by him without assigning any reason because the complainant failed to oblige them and in this manner the accused persons have committed the offence punishable under sec. 409/167/120B of the I.P.C.