OM PRAKASH AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Nitin Kumar Pasari, the learned counsel appearing for the petitioner, Mr. Sumeet Gadodia, the learned counsel appearing for the O.P.No.2 and Mr. Sardhu Mahto, the learned A.P.P appearing for the respondent State.

(2.) This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dtd. 14/5/2019 passed by the learned Chief Judicial Magistrate, Ranchi in connection with Complaint Case No.3775 of 2017 whereby cognizance under sec. 323 and 504 of the I.P.C has been taken against the petitioner and pending in that learned court.

(3.) The complaint case has been lodged alleging therein that the O.P.No.2 develops the land as multi-storied building and works as contractor/developer under a firm named and style as M/s Kalpataru Electricals and Allied Products Pvt. Ltd having its registered office at K-54 IVth floor, Kalpataru Jalan Road, Upper Bazar, P.S. Kotwali, District-Ranchi and incorporated under the Companies Act. In the order to develop the land the complainant proposed to develop a residential cum commercial complex named Krishna Kripa at Dhanbad site and after the opening the site petitioner entered into an agreement with the O.P.No.2 for a purchase of flat being no.as 703 on the seventh floor of the proposed building for 2136 sq.ft. in block A. That after the aforesaid agreement the petitioner influence to the O.P.No.2 by various angles and assures that he will look after the project and being influenced of the petitioner the o.p.No.2 handed over all assets of the site including key of the office and other valuable commodities. That after the charge the petitioner fully fledged looking the issues of proposed site but surprisingly he by forcibly taken signed cheque book of accused of Bank of India as security purpose Upper Bazar Ranchi being as nos.000513, 000514, 000515, 000516, 000517, 000518, 000519, 000520, 000521 which was in a series and part of cheque book when the O.P.no.2 noticed the matter that his nine cheques were missing forcibly taken by the petitioner then he stop the payment by his bankers and informed the matter to the concerned local P.S. That with utter surprises O.P.No2 was shocked that all nine cheque were deposited by the petitioner in his account and after dishonour he filed a case u/s 138 of the N.I. Act. That from very beginning all the accused persons and petitioner collectively humiliated the O.P.no.2 by various angles for illegal gain and demanded a flat and handsome amount as ransom and threatened as tum Dhanbad aaoge to goli marba denge. That on dated 01.11.2017a t about 5 p.m. when O.P.No.2 was sitting in his office at K-54 Kalpataru Jalan Road, PS Kotwali all the accused collectively entered into the office of the O.P.No.2 and hurled the collar of the O.P.No.2 and started beaten by hands and fists and snatched Rs.50,000.00 from galla/drawer of the O.P.No.2 and threatened to put in fear of death and demanded flat of Dhanbad site as Ransom and advised to not to go at Dhanbad site otherwise he will be ruined at the time of incidence both the witnesses were present at the site of occurrence.