NUSWAN BURJOR MADAN Vs. BISWANATH DAS

JUDGEMENT

(1.) This case arises out of an application filed under Section 482, Cr.P.C. with a prayer for quashing the complaint filed before the learned Judicial Magistrate, East Sikkim in Criminal Case No. 6/95 wherefrom summons have been issued and served upon the petitioners before us.

(2.) The fact of the case in a nutshell is that the opposite party, respondent No. 1 in this proceeding, filed a complaint before the learned Judicial Magistrate, East Sikkim against the petitioners before us. It was registered as Criminal Case No. 6/95. Learned Magistrate examined the complainant and issued summons upon the accused-petitioners. Summons was ordered for on 26-9-95 but was actually served on the accused/petitioners on 27-11-96. The accused persons made appearance before the learned Magistrate through their lawyer and thereafter they have filed the present petition in this Court on 14-5-1997.

(3.) The fact as disclosed in the petition of complaint is that the accused persons were in possession of a costly piano at their residence in Darjeeling. The complainant approached the accused persons for sale of the said piano. He agreed to sell it at a price, ultimately bargained to Rs. 40,000/-. The complainant had the idea of reselling the same to one of his friends at Calcutta with a profit of a few thousand rupees. It has been alleged that on 24-5-97, the accused persons came to Gangtok and collected 50% of the price so fixed from the complainant on the undertaking to deliver the piano at Gangtok within a week and to take payment of the balance of Rs. 20,000/-. A receipt was granted by the accused petitioner No. 1 on receipt of the part payment of Rs. 20,000/- at Gangtok on 24-5-95 as aforesaid. It has been further alleged that the accused persons did not turn up with the piano. From the very start of the negotiation they had the idea of withholding delivery of the piano and extracting the money from the complainant.