SAROJ KUMAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONERS have filed the instant application invoking the powers of this court under Section 482 of the Cr. PC for quashing the order dated 15-3-2004 passed by Shri R. K. Mishra, Judicial Magistrate, 1st Class, Dhanbad, in C. P. Case No. 84 of 2004, whereby after taking cognizance of the offences under Sections 406, 420 and 34 of the IPC, summons were Issued against the petitioners directing them to appear and face trial in the case.

(2.) CASE against the petitioners was registered on the basis of the complaint filed by the complainant/opposite party No. 2 sudama Prasad before the learned Chief Judicial magistrate, alleging inter alia that a partnership firm was constituted by and extween the complainant and the petitioners as well as one L. K. Mandal vide partnership deed dated 3-1-2002 by the name of m/s. Heavy Earth Engineering for the purpose of business. Each partner had invested a sum of Rs. 30,000/- in the business and a bank account in the name of the firm was opened in the Syndicate Bank. A lathe machine was installed in the firm's business premises. It is alleged that though, account was opened in the. names of all the partners, but the petitioners dishonestly retained exclusive powers of operating the bank account without the knowledge and consent of the complainant. This fapt came to the knowledge of the complainant a month after the commencement of the partnership business and he further learnt that the present petitioners had unilaterally ousted the fourth partner from the business. The complainant thereafter demanded the statement of account of the business from the petitioners, but they avoided to submit the accounts on one pretext or the other, where-upon by notice issued by the complainant to the bank, the operation of the bank account was stayed. On this, petitioners referred the dispute between them and the complainant for arbitration/panchayat to one Manoj Kumar Singh. It was decided in the Panchayat that the petitioners shall pay a sum of Rs. 55,000/- to the complainant in three installments and by way of affirming their assurance to abide by the decision, the petitioners swore an affidavit on 4-8-2003 in accordance with the decision of the panchayat, a deed of retirement was executed by the complainant which was authenticated before the Notary. However, the petitioners did not deliver a copy of the retirement deed to the complainant. The complainant alleges that by dishonest inducement, the accused persons had obtained his signature on the retirement deed and did not return his money and on the contrary, they have been issuing threats to implicate in false cases.

(3.) AFTER receiving the complaint petition on 17-1-2004, and after perusing the same, the learned Chief Judicial Magistrate, dhanbad transferred the complaint petition to the Court of R. K. Mishra, Judicial Magistrate, 1st Class, Dhanbad under Section 192 (1) of the Cr. PC for inquiry and disposal. Inquiry under Section 202 of the Cr. PC was conducted by the transferee Court and on considering the statements of the complainant and his witnesses recorded on solemn affirmation, the learned Court below recorded its satisfaction that a prima facie case for the offences undersections 406, 420 and 34 of the 1pc is made out against the present petitioners and directed for issuance of summons against the petitioners calling upon them to appear and face trial for the aforesaid offences.