- (1.) Heard learned counsel appearing for the petitioner, Opp. Party No. 2 and learned counsel appearing for the State. This application is directed against the order dated 14.3.2011 passed in P.C.R. Case No. 594 of 2010 whereby and whereunder the then Chief Judicial Magistrate, Deoghar has taken cognizance of the offences punishable under Sections 341, 342, 386, 403, 406, 417 and 468 of the Indian Penal Code against the petitioner and others.
(2.) It is the case of the prosecution that for construction of building of the Medical College at Deoghar, one builder namely, M/s L.G. Builders was entrusted the work of construction, who in turn, entrusted the work relating to supply of labour and materials to M/s Jai Guru Constructions, proprietor of which, is the informant, who lodged the case, alleging therein that when certain amount became due to be paid to him by Shiv Dutt Sharma, he repeatedly asked for it but it was not paid. The other day he was called by Shiv Dutt Sharma to his Office where he under threat was forced to give three blank cheques and was also forced to sign over the blank piece of paper.
(3.) On such allegation, a complaint was lodged, which was sent before the concerned police station under Section 156(3) Cr.P.C. for its institution and investigation. The police proceeded with the investigation. Meanwhile, the informant filed a petition before the court of learned Chief Judicial Magistrate, Deoghar to the effect that the police is not proceeding with the investigation in the right direction. Ultimately, the police submitted final form whereby police exonerated the accused persons for accusation. On filing of final form, a Protest Petition was filed which was treated to be complaint and was registered as PCR Case No. 594 of 2010.;