DHARAM SINGH RAJPUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482, Cr PC has been filed for quashing the order dated 23.8.1997 passed in C.P. Case No. 213/97, whereby and whereunder the learned Judicial Magistrate Ist Class, Dhanbad took cognizance against the petitioners under Sections 420, IPC.

(2.) FACTS leading to the filing of this application are that the opposite party lodged a complaint against the petitioners alleging, inter alia, therein that he was awarded a contract for a total sum of Rs. 6,96,575/ -. It is further alleged that besides the said contract, on verbal instruction and assurance of the accused persons, the complainant had performed extra work to the tune of Rs.

(3.) NOTICE was served on the opposite party No. 2 and opposite party No. 2 appeared through vakalatanama but at the time of hearing no body appeared on behalf of the opposite party No. 2. However, learned APP for the State submitted that cognizance in the case has been taken after enquiry and at this stage there should not be any interference in the cognizance taken in the case.