AMAR TEKRIWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application under Sections 397/401, Cr. P.C. is directed against the order dated 14-7-2003 passed by Judicial Magistrate, First Class, Dumka in P.C.R. Case No. 198 of 1999 whereby petition for discharge filed by the petitioner has been rejected.

(2.) The aforesaid criminal case arose out of a complaint petition filed by Opposite Party No. 2 alleging inter alia that the petitioner negotiated with the complainant for transporting 12,00 litres of Kerosene oil from IOC depot Bhagalpur to his business premises at Pathargama on payment of Rs. 1, 150/- as per the agreement. The complainant got loaded kerosene oil in his tank lorry from Depot for delivery to the destination. The consignment reached the business premises of the petitioner at Pathargama on 25-8-1998 and the consignment of kerosene oil was being unloaded inside the business premises of the petitioner but during the course of unloading the accused and his staff suddenly stop unloading process on account of a surprise raid conducted by the officials of the district administration. It is alleged that the petitioner and his staff fled away for fear of arrest and on account of unloading of the consignment the tank lorry of the complainant remained inside the business premises of the petitioner from 25-8- 1998 to 7-10-1998 and the accused intentionally and dishonestly did not get the consignment completely unloaded and illegally detained the tank lorry putting him in financial loss. The complainant said to have made several request to the petitioner to make good of loss by making payment but despite assurance the loss was not compensated by the petitioner. On the basis of such allegation made in the complaint, cognizance was taken under Section 406, IPC.

(3.) I have heard Mr. A. K. Kashyap learned counsel for the petitioner and Mr. S. P. Jha learned counsel appearing for the opposite parties.