BHANWAR LAL SINGHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 21.07.2001 passed by the learned Judicial Magistrate, 1st Class, Muzaffarpur in Complaint Case No.2414 of 2000. By the said order, the learned Magistrate has taken cognizance of offence under Section 379 of the Indian Penal Code.

(2.) Short fact of the case is that Opp.Party no.2 filed a complaint in the court of the learned Chief Judicial Magistrate, Muzaffarpur vide Complaint Case No.2414 of 2000 against the petitioner on an allegation of commission of offences under Sections 384,387,147,148,379 of the Indian Penal Code. It was disclosed in the complaint petition that the complainant was doing business with the petitioner. The petitioner was running number of firms and the complainant/Opp.Party no.2 was doing business with number of firms. It was further disclosed that the petitioner was sending clothes to the complainant and the complainant-Opp.Party no.2 was making regular payment to the petitioner. It was alleged that on examining the accounts it was found that an amount of Rs.2, 08,148/- was paid to the petitioner by Opp.Party no.2, which was excess to the goods supplied by the petitioner. The complainant/Opp.Party no.2 was regularly approaching the petitioner for clearing the account, but no satisfactory reply was being given by the petitioner. It was also disclosed that on one occasion the petitioner and others had snatched wrist watch and other articles from the complainant, for which he had filed a separate complaint case. On 30.9.2000 in the night, as alleged in the complaint petition, the petitioner along with others arrived at the shop of the complainant and putting him on fear, the petitioner compelled the complainant to sign and issue number of cheques for different amount in favour of the petitioner. It was also alleged that on blank papers as well as agreement papers, signature of the complainant was got obtained. It was also alleged that the petitioner had forcibly taken Rs.5100/- from the cash box of the complainant. The complainant after the occurrence became unconscious and he remained unwell for sometime and, as such, at belated stage the complaint was filed on 23.10.2000 for an occurrence, which had taken place on 30.9.2000.After filing of the complaint petition and conducting enquiry, the learned Magistrate vide its order dated 21.7.2001 took cognizance of offence under Section 379 of the Indian Penal Code and summoned the petitioner.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition, which was admitted on 27.2.2004 and it was directed that in the meantime, the interim order passed on 15.4.2003 shall continue. The interim order of stay is still continuing.