PANKAJ LOHARIWAL Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) This writ application has been filed for quashing the entire criminal proceeding arising out of Complaint Case No.442 of 2014, including the order dated 07.06.2014 passed by learned Chief Judicial Magistrate, Giridih in the aforesaid case, whereby and where under he took cognizance of the offence under sections 406 and 420 of the Indian Penal Code against the petitioner.

(2.) It is alleged in the complaint petition that petitioner visited in the office of the Complainant ( who was working as Manager Finance in M/s Carbon Resources Private Limited) and stated that he is owner of M/s S.R.C. Udyog Limited, Ranipur. It is further alleged that the petitioner stated that his company is in need of Carbon Paste for manufacturing purpose. He further stated that since the petitioner resides in Kolkata , therefore, as and when carbon paste will be required, he will place order on telephone and on delivery of goods, payments would be made within a week. It is alleged that on the basis of the aforesaid assurance given by the petitioner, the complainant's company supplied 100 MT of carbon electro paste on 04.07.2009 to the petitioner's company. It is stated that with an intention to gain confidence of the complainant's company, petitioner paid the price of the aforesaid 100 MT of carbon electro paste. It is then alleged that thereafter on various occasions, petitioner placed order for supply of carbon electro paste. It is alleged that against the aforesaid supply, an amount of Rs. 61.27 lacs is due with the petitioner's company. Thereafter, complainant's company made several request to the petitioner's company for payment of the aforesaid amount, but the payment has not been made. It is alleged that the petitioner received supply of carbon electro paste from the complainant's company with an intention to cheat the complainant and illegally mis-appropriated the amount i.e. Rs. 61.27 lacs, which was due and payable by the petitioner's company. Accordingly, present complaint filed in the court of Chief Judicial Magistrate, Giridih.

(3.) It is appears that the learned Chief Judicial Magistrate, Giridih recorded the statement of complainant on SA and also examined one witness in course of enquiry under section 202 of the Cr.P.C. After completion of the inquiry, learned Chief Judicial Magistrate, Giridih vide order dated 07.06.2014 came to the conclusion that prima facie offence under section 420 and 406 of the Indian Penal Code made out against the petitioner. Accordingly, he directed to issue summon against the petitioner .