ANIL JOLLY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner as well as learned Addl. P.P. for the State assisted by learned counsel for the opposite party no.2.

(2.) This criminal miscellaneous petition has been filed under section 482 of the Code of Criminal Procedure for quashing the entire F.I.R. including all proceedings of Jharia P.S. Case No.199 of 2006 corresponding to G.R. No.1779 of 2006 instituted for the offences punishable under Sections 420/406/409 of the I.P.C.

(3.) In the complaint, which was subsequently registered as FIR after the same was referred by the Judicial Magistrate to police under section 156(3) Cr.P.C., the case of the complainant-informant, who is the opposite party no.2 of this petition, in a nutshell is that the complainant is a coal trader. The petitioner, who is the sole accused person of the complaint, introduced himself to be a broker/agent and assuring that he will make payment between 20 to 25 days, he has been taking coal from the complainant-informant and was also making the payment from time to time. In the complaint it has been mentioned that the petitioner- accused in total has paid Rs. 4,50,000/- but there is an outstanding of Rs. 2,71,650/- due and payable by the petitioner-accused to the complainantinformant. The petitioner- accused deferred payment of the outstanding amount on one pretext or other. He avoided receiving the legal notice issued by the complainant and managed to get the same returned, hence the complaint.