- (1.) Heard learned counsel appearing- for the petitioner and learned counsel appearing for the State. This application has been filed for quashing of the order dated 11.1.2010 passed by the learned Sessions Judge, Jamshedpur in Cr. Revision No. 333 of 2009, whereby the learned Sessions Judge, having set aside the order dated 14.10.2009, dismissing the complaint passed an order for further inquiry and, thereby, cognizance of the offence punishable under Sections 406, 420 and 120B of the Indian Penal Code, was taken vide order dated 5.3.2010 by the Judicial Magistrate, 1st Class, in C/1 Case No. 1360 of 2009, which order has also been sought to be quashed.
(2.) Before adverting to the submission, facts giving rise to this application need to be taken notice of.
(3.) The complainant-Opp. Party No. 2 lodged a case stating therein that on his request, he was appointed as authorized dealer of 'Kinetic Motor Co. Ltd. on a condition of deposit of Rs. 10,50,000/- towards security, which was deposited by him. Thereupon, 24 (Twenty Four) vehicles were sent by the Company to the complainant for its sale. Since, those vehicles were of old model, he raised objection before the Company. However, those vehicles were sold at the instance of the Company in the State of Orissa and a sum of Rs. 3,94,379/- was deposited in the account of the complainant. Thereupon, the complainant made a request to return that amount of Rs. 10,50,000/- which had been kept as security but the petitioner never returned that amount nor did he return the amount of commission which the petitioner was entitled to have and, thereby the petitioner, by retaining a sum of Rs. 12,74,000/- committed offence of cheating and misappropriation.;