R.R. Prasad, J. - (1.) Both the applications arising out of the same case i.e. Complaint Case being C/810 of 2006 were heard together and are being disposed of, by a common order.
(2.) These applications have been filed on behalf of the petitioners for quashing of the entire criminal proceeding of Complaint Case No.C /810 of 2006, including the order dated 23.11.2007, whereby and whereunder, learned Chief Judicial Magistrate, Garhwa, took cognizance of the offences punishable under Sections 420, 465, 467 and 468 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act has been taken against the petitioners and others.
(3.) The case of the complainant is that the complainant -Binod Singh along with witness No.1, Gorang Krishna Sinha, were running a firm in the name of "Maa Durga Traders ". The other day, an advertisement was published in the newspaper, whereby, applications were invited from desirous persons for appointment of C & F agent. Since it was quite lucrative, the complainant applied for appointment as C & F agent of M/s Biologics Company. Offer being accepted, the complainant on payment of Rs. 25,000/- entered into an agreement with the accused No.1, the Managing Director of M/s Biologics Company, whereby it was agreed upon that on payment of Rs. 2,75,000/-, the company would supply the goods to the complainant. Thereupon, payment of Rs. 2,75,000/- was made, but the company never supplied any goods. Thereafter, the complainant approached the accused No.1, the Managing Director of the said company who promised to return the money. As per promise, a cheque of Rs. 2,15,000/- and subsequently a cheque of Rs. 40,000/- were given to the complainant out of which one of the cheques of Rs. 2,15,000/- on its deposit, got dishonoured, whereas, cheque of Rs. 40,000/- was not accepted by the Bank as according to the Bank, it was forged. Thus, it was alleged that all the accused persons in conspiracy with each other committed offence of forgery and cheating.;