D.K.SINHA,J. - (1.) The petitioner has invoked the inherent jurisdiction of this Court for quashment of his entire criminal proceeding arising out of P.C.R. Case No.509 of 2007, corresponding to T.R.No.146 of 2010 including the order impugned dated 20.01.2009 by which cognizance of the offence was taken under Section 420 of the Indian Penal Code against the petitioner by the S.D.J.M., Deoghar.
(2.) THE complainants story in short was that the complainant -O.P.No.2 was having friendship with the petitioner and that cordial relationship was existing from before between them. The petitioner was doing business of supply and agency of medicines and it was alleged that he asked the complainant by suggesting to start medical agency which would yield good return on investment of paltry sum of Rs.50,000/ - with the assurance that he would provide assistance in securing medical agency for him. It was further alleged that the complainant -Opposite Party No.2 having relied upon the assurance made by the petitioner, got Demand Draft No.3822697 of the State Bank of India, Jasidih prepared in favour of Wipson Pharmaceuticals Pvt. Ltd., New Delhi and got another Bank Draft No.382259 prepared by the same Branch in favour of Baba Bashukinath Enterprises, Ranchi and both the D/D worth Rs. 50,000/ - were delivered to the petitioner -accused obtaining his signature on the Xerox copies of each draft as token of receipt in presence of the witnesses but after lapse of time when neither agency was given nor money was returned to him in spite of his repeated requests and reminders the complainant O.P.No.2 then finally sent a legal notice to the petitioner on 06.03.2007. The petitioner -accused then requested the complainant to grant him some time till 27th June, 2007 for repayment of the amount which was given to him securing the agency but since the petitioner denied having accepted such amount at the later stage the complainant filed the complaint for the alleged offence under Sections 419/420 of the Indian Penal Code. After enquiry of the complaint, the S.D.J.M. found a prima facie case against the petitioner for the alleged offence under Section 420 of the Indian Penal Code and accordingly summons were directed to be issued against the petitioner -accused which is the subject matter of challenge in the instant petition. Learned Counsel Mr. Prasad appearing for the petitioner submitted that the petitioner had moved for his anticipatory bail before the Sessions Judge, Deoghar which was considered appreciating the ground that the drafts were not issued in favour of the petitioner so as to attract his wrongful gain. The first Bank draft of Rs.25,000/ - was issued in favour of Baba Bashukinath Enterprises, Ranchi on 17.07.2003 and the second Demand Draft of the same denomination was issued in favour of M/s Wipson Pharmaceuticals Pvt. Ltd., New Delhi. The drawee Bank of the alleged first Bank Draft was the Ranchi Branch of the State Bank of India drawn in favour of Baba Bashukinath Enterprises whereas the second D/D was issued to the Branch at New Delhi. Upon appreciation of such defence, the petitioner was admitted to anticipatory bail. Further defence of the petitioner was that none of the demand drafts was issued in favour of the petitioner so as to attract his criminal liability. The complainant was not holding any drug licence, a condition precedent for grant of agency of medicine without which agency could not be granted to any person willing to deal in medicines. Even no registration number of State Sales Tax or the Central Sales Tax could be produced by the complainant in this connection. As a matter of fact, the Demand Draft No.382259 dated 17.09.2003 for Rs.25,000/ - issued to the drawee Baba Bashukinath Enterprises, Ranchi was presented in its office by the Proprietor of "Maa Tara Pharmaceuticals, M. Chatterjee Lane, Deoghar and in lieu of that, medicines were supplied to "Maa Tara Pharmaceuticals against the said draft.
(3.) SIMILARLY , the Proprietor of "Maa Tara Pharmaceuticals, M. Chatterjee Lane, Deoghar presented Demand Draft No.382260 of Rs.25,000/ - being the part payment of medicines supplied to him by the Wipson Pharmaceuticals Pvt. Ltd., New Delhi and the same was received against the receipt No.501 and therefore both the Demand Drafts (or Bank drafts) claimed to be drawn by the complainant were issued to two different firms and the same were received by the respective firms and accordingly medicines were supplied to the drawer "Maa Tara Pharmaceuticals, M. Chatterjee Lane, Deoghar and therefore, the prosecution of the petitioner for the alleged offence under Section 420 of the Indian Penal Code was not sustainable thus it would amount to abuse of the process of the Court.;