NGANGOM (N) KONJENBAM (O) MEMICHA DEVI Vs. GOSAIMAYUM BUBU SHARMA
LAWS(MANIP)-2019-4-2
HIGH COURT OF MANIPUR
Decided on April 26,2019

Ngangom (N) Konjenbam (O) Memicha Devi Appellant
VERSUS
Gosaimayum Bubu Sharma Respondents

JUDGEMENT

M.V.MURALIDARAN - (1.) This Criminal Petition has been filed by the petitioners under Section 482 of Cr.P.C. seeking to quash the proceedings in Criminal (C) Case No. 157 of 2014 pending on the file of the learned Chief Judicial Magistrate, Imphal East.
(2.) The respondent has filed Criminal (C) Case No. 157 of 2014 before the Learned Chief Judicial Magistrate, Imphal East under Section 190(1) of Cr.P.C. praying for cognizance of the offence against the petitioners under Section 420,406, 506 and 34 IPC alleging that, on 09.03.2002, the complainant along with one Thokchom Nandakumar Singh and the first petitioner had executed a Money Bond Agreement. As per the agreed terms and conditions of the Money Bond Agreement, the first petitioner agreed to pay a sum of Rs. 1,04,800/- to the complainant within 15.5.2002. On 15.3.2002, when the complainant went to the house of the petitioners and demanded money, they directed the complainant to come later. At that time, the complainant informed the petitioners that possible date may be fixed for payment without fail and in turn, the petitioners directed the complainant to come on 15.4.2002 at evening. On 15.4.2002 evening the complainant along with one of his friends went to the residence of the petitioners, but the petitioners were not found at their residence and the complainant waited for some time and came back without meeting the petitioners. Even thereafter, the complainant went to the house of the petitioners and demanded money on several dates but the petitioners have failed to repay even a singly rupee. Again on 10.8.2004 at about 7.00 A.M, the complainant along with one Khangjarekpam Shyam Kumar Singh went to the house of the petitioners and at that time the petitioners jointly said to the complainant by holding stick that they will not pay any amount at all and also directed the complainant to go away from the place or else the complainant will have to face dire consequences. Fearing over the threat, the complainant and his associate returned back. Thus, the complainant lodged a complaint before the learned Chief Judicial Magistrate, Imphal East stating that petitioners have committed the offence of cheating and dishonestly inducing delivery of property or alteration or destruction of a valuable security, criminal breach of trust in furtherance of the common intention which are punishable under Section 420, 406, 506 and 34 IPC.
(3.) The learned Chief Judicial Magistrate, Imphal East, by an order dated 26.09.2014, took cognizance of the offence under Section 420, 406, 506 and 34 IPC and issued warrant of arrest fixing the date of further proceeding on 13.10.2014. Challenging the same, the petitioners have filed the present petition seeking to quash the criminal proceedings in Criminal (C) No. 157 of 2014.;


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