MD. AINUL KHAN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Invoking the inherent power of this Court under Sec. 482 of the Code of Criminal Procedure (in short "the Code "), the petitioner prayed for quashing of the entire criminal proceeding including the order dated 20.07.2007 passed by Judicial Magistrate, 1st Class, Chatra in Complaint Case no. 149 of 2006, whereby and where under cognizance of offence been taken under Sec. 323/406 of the Indian Penal Code.

(2.) The facts of the case, which is relevant for the proper appreciation of the issue involved in this case, in short, is that at the instance of complainant Santosh Kumar, the aforesaid complaint case was instituted on the allegation that the present petitioner being the Headmaster of a School entered into an oral agreement with the complainant, who is a mason, for some construction work in the said school. The petitioner had assured the complainant to make payment after completion of work but even after completion of work worth Rs. 1,00,000.00 including payment of labour charges, the said amount not been paid to him. On repeated demand, the petitioner paid only Rs. 54,200.00 through cheque and cash. When the complainant approached the petitioner for payment of the rest amount i.e. Rs. 45,800.00, the petitioner abused and assaulted him and took his signature on blank paper on the gunpoint saying that the payment already been made to him. Where after, this complaint was lodged.

(3.) It appears from the record that after recording of the statement of the complainant on solemn affirmation and after examination of other witnesses, the court below finding sufficient materials and prima facie case against the petitioner took cognizance of the offence by order dated 20.07.2007 under Sections 323/406 I.P.C. Being aggrieved by the said order, the petitioner preferred this petition as indicated above.