SHUSHAN SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this application the petitioner has prayed for quashing the order taking cognizance dated 6.5.2005 passed by the learned Sub -Divisional Judicial Magistrate, Bermo in Complaint Case No. 23 of 2005.

(2.) THE petitioner's case is that the allegations made in the complaint, even if accepted, constitute a civil case and do not make out any case of criminal liability cognizable under Section 406 or 420 of the Indian Penal Code and the learned Court below, mechanically and without application of mind, has passed the said impugned order.

(3.) AFTER hearing the parties and going through the records, I find that the allegations made in the complaint case, at best, gives rise to a civil dispute and the same did not constitute criminal offence much less, an offence under Section 406 or 420 of the Indian Penal Code and the Court below, mechanically and without any application of mind, has passed the impugned order taking cognizance of the offence under Sections 406 and 420 of the Indian Penal Code erroneously. This application is allowed. The order taking cognizance dated 6.5.2005 is quashed.