SURESH SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 528 of the B.N.S.S., 2023 with the prayer to quash and set aside the entire criminal proceeding including the order taking cognizance dtd. 29/4/2023 in connection with Complaint Case No.1032 of 2012 passed by learned Judicial Magistrate-1st Class, Bokaro whereby and where under the learned Judicial Magistrate-1st Class, Bokaro has found prima facie case for the offences punishable under Ss. 420/406 & 34 of the Indian Penal Code against the petitioner.

(3.) The allegation against the petitioner is that the petitioner entered into a fifty-fifty partnership with Naval Sharma and the Firm-M/s S.R.N. Construction. The petitioner got deposited the money of six persons with M/s S.R.N. Construction by cash and cheque for purchasing land and the cheque was deposited in the bank account of the firm and for the cash received, Naval Sharma issued receipts and total deposit made was Rs.12,15,400.00, but the land could not be allotted to the payers as Naval Sharma was not the owner of any land. The co-accused Naval Sharma later on got the joint account of the petitioner and the Naval Sharma, converted as single operational account and withdrew the money from the account of the firm and when the complainant met Naval Sharma and his father, they threatened him to get him abducted. It is further alleged that on 15/10/2012, petitioner along with the co-accused Naval Sharma surrounded the informant and Naval Sharma took out Rs.5,200.00 from the pocket of the complainant and petitioner took one Titan Watch of value Rs.1,800.00.