C.B.N.REDDY Vs. CHANDAN SEN CHOUDHARY

JUDGEMENT

(1.) IN the instant application the petitioner has challenged the order dated 13.2.1998 taking cognizance of the offences under Sections 417, 418, 420, 406/120B of the Indian Penal Code against the petitioner by the Chief Judicial Magistrate, Dhanbad and also for quashing of the entire criminal prosecution against him.

(2.) THE facts in short are that a complaint petition being C.P. Case No. 328/ 1997 was filed by the complainant -O.P. No. 1 Chandan Sen Choudhary against the petitioner and one another namely, C.K. Rajkumar, who was said to be the Managing Director of M/s Velvette International Pharma Products Limited, Madras. In the complaint petition, the complainant alleged that he being a Graduate and Diploma Holder in Management had gone to Madras in the mid of 1996 to seek employment. It is alleged that the accused no. 2, i.e. the petitioner herein, was running his placement centre for the job seekers at Madras and on 14.6.1996 the petitioner is said to have sent the complainant to the company of accused no. 1, namely, Velvette International Pharma Products Limited for the job. It is alleged that subsequently, the accused no. 1 issued an offer letter to the complain -ant -O.P. No. 1 herein for a job and the complainant accepted the said offer and, thereafter, joined the company 'semployment at Calcutta. It is further alleged in the complaint petition that the complainant worked with the said company for a few months and he also received salary for the said period. The main grievance of the petitioner, as it appears from the complaint petition, is that though he was offered an annual package of Rs. 1,44,000/ - (12,000/ - P. M.) but with an intention to cheat the complainant dishonestly the employer, i.e. M/s Velvette International Pharma Products Limited did not pay the salary to the complainant from June 1996 causing a total damage and loss of approximately Rs. 1,10,000/ -.

(3.) FROM the averments made in the complaint petition it is apparent that the only allegation made against the petitioner is that he being an officer of the placement centre sent the complainant to M/s Velvette International Pharma Products Limited for a job and the said company employed the complainant on certain terms and conditions which according to the complainant was subsequently not fulfilled by the said company and, therefore, the petitioner also connived with the other accused, i.e. the Managing Director of M/s Velvette International Pharma Products Limited in committing the offence alleged.