BRIJENDRA KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner in the instant petition under Section 482 Cr. P. C. has prayed for quashing the order dated 20-5-2002 taking cognizance in complaint case No. 590 of 2000 by Judicial Magistrate, First Class, Ranchi and also for quashing the entire Criminal Proceeding.

(2.) The complainant -opposite party No.2 filed a complaint against the petitioners alleging inter alia that the petitioner and co-accused got defeated in the election held for the office bearers of the HEC Karamchari Co-operative Society Limited. Prior to election the petitioners were the office bearers. It is alleged that after losing the election the petitioner being the President and the coaccused as treasurer had passed a bill of Rs.39,50,340/-. The accounts were subsequently verified by the newly elected committee and the defalcation was detected. It is further alleged that the petitioner and the co-accused did not handover charge to the newly elected committee. Various other allegations have been made in the complaint.

(3.) The Magistrate after considering the allegations made in the complaint and the evidence of the complainant and other witnesses recorded his prima facie satisfaction about the allegations made in the complaint and took cognizance of the offence under Section 403 and 406 IPC.