KANCHAN MASANTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the petitioner, Opposite Party No.2 the complainant as well as the State.

(2.) The order dated 12.3.2004 passed by C.J.M. Muzaffarpur has been challenged by the petitioner by which cognizance has been taken under Sections 420, 406 and 409 of the Indian Penal Code. Initially Complaint Case No. 2816 of 2002 was filed by Opposite Party No.2 against the petitioner. The complainant is Manager of Herbal Industry at Bela Industrial State, Muzaffarpur. The company supplied poultry feed. The accused petitioner approached the complainant and took him in confidence and assured that if poultry feed will be supplied to him on regular basis its payment will be made to the complainant time to time after selling the feed and in case the supplied poultry feed will not be sold it will be returned back to the complainant.

(3.) In between 1.4.2000 and 1.4.2001 poultry feed worth Rs. 32,41,139/- was supplied by the complainant to the accused petitioner on different dates, Rs. 28,43,192/- was paid but remaining Rs. 3,97,957/- was not paid even after reminder. A legal notice was sent but no payment was made. Accordingly the complaint has been filed against the accused persons for committing an offence under Sections 406, 409 and 420 of the Indian Penal Code. The C.J.M. directed for institution of police case on the basis of complaint under the provisions of Sec.156 Cr.P.C. After investigation chargesheet (3) has been submitted and cognizance has been taken by the impugned order.