PINKU ROY Vs. RANJIT DEBNATH
HIGH COURT OF GAUHATI
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MIR ALFAZ ALI,J. -
(1.) Mr. P.K. Roy Choudhury, learned counsel for the appellant and Ms. S. Jahan, learned Addl.P.P., Assam for the State were heard.
(2.) This petition under Section 482 CrPC has been filed praying for quashing the order dated 23.11.2012 passed by the learned Sub-Divisional Judicial Magistrate, Hojai taking cognizance against the petitioners under Section 406 and 420 IPC on the basis of complaint filed by the respondent No. 2 as well as criminal proceeding in CR Case No. 572/2012 arising out of the said complaint.
(3.) Learned counsel for the petitioners Mr. P.K. Roy Choudhury placing reliance on a decision of this court rendered in Mahindra and Mahindra Financial Services Ltd. Vs. Delta Classic Pvt. Ltd. reported in 2009 (4) GLT 741 contended that the learned Trial Court while taking cognizance under Section 420/406 IPC on the basis of the complaint filed by the respondent, did not apply judicial mind, inasmuch as, on the same set of facts, a person cannot be held liable simultaneously for offence of 'criminal breach of trust' under Section 406 IPC and cheating under Section 420 IPC. Learned counsel submits that the learned Trial Court took cognizance and issued process mechanically without applying judicial mind and therefore the order of taking cognizance under Section 406 and 420 IPC, as well as, the criminal proceeding is required to be quashed.;
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