J SENTHIL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing the order dated 14-06-2004 passed by Sri A.K.Pandey, Judicial Magistrate, Ranchi in Complaint Case No.228 of 2004 whereby cognizance of the offence under sections 384 and 420 of the Indian Penal Code was taken against the petitioners.

(2.) Before coming to the case of the petitioners the facts giving rise to this application need to be taken notice of which are as follows.

(3.) The complainant Abhishek Kumar Mishra lodged a case against the petitioners stating therein that when he came to know that International Maritime Academy, Chennai, which shall be referred to hereinafter as 'IMA' has invited applications on website for selection of the candidates for the post of Dock Cadet required to undergo training by the IMA, after completion of the course for a prosperous career in Merchant Navy, he having found himself eligible for the post of Dock Cadet sent draft of Rs.300/- in favour of the IMA in order to have prescribed application. After receipt of the application, he duly filled it up and sent the same along with true copies of the testimonial. Therefore, he was informed that he has been selected for the post and asked for a Bank draft of Rs.15,000/- in favour of the IMA and also informed that he would be required to deposit Rs.55,000/- the balance course fee including expenses of lodging, medical treatments supply of training equipment and study materials etc. Further case is that the complainant sent Bank draft of Rs. 15,000/-. Subsequently, it was informed telephonically that a team of officials of IMA would be visiting the residential places of all the candidates selected for the post for verification of the particulars furnished by the candidates and for that purpose a team of officials is likely to visit the place of complainant on or about 15th February, 2004, on that date he would be ready with the amount of Rs. 55,000/- in the shape of Bank draft and that on 16th February, 2004 when the three persons of the IMA visited, he handed over two drafts one of the value of Rs.30,000/- and the other for Rs. 25,000/- and then he was directed by them to report to the Institute on 20-2-2004 to undertake the course beginning from 1-03-2004. Subsequently, on 20-2-2004 complainant received a registered letter dated 18-2-2004 asking him to report to the office of IMA on 28-2-2004 along with balance amount of the course fee which took the complainant by surprise as Rs. 55,000/- had already been collected by the official of IMA on his residence on 16-2-2004. However, complainant reported on the date fixed and was asked to execute some documents which he did so and the Director of the IMA asked for Rs.55,000/-. The complainant told that the said amount had already been given at Ranchi. On hearing this, he lost his temper and asked to show receipt for the same, but the complainant told them as it was never granted to him, he cannot produce the receipt. The complainant by the attitude of the Director got annoyed and developed dislike for the Institute and its officials and decided not to join the course and, therefore, asked for Rs. 15,000, Rs.30,000/- and Rs.25,000/- and it made the Director so enraged that he got him confined in a room and compelled him to give in writing that he has been leaving the course on his own volition and will not claim the money and only when such letter was written by him, he was released and thus, it has been alleged that the complainant did offence under Sections 406 and 420/34 of the Indian Penal Code. After filing the complaint, the statement of the complainant was recorded on solemn affirmation and the matter was taken up for enquiry under section 202 of the Code of Criminal Procedure, thereafter learned Magistrate did hold by the impugned order that a prima facie case is made out under sections 420 and 384 of the Indian Penal Code and summoned the petitioners.