R.R. Prasad, J. - (1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the informant as well as learned counsel appearing for the State.
(2.) This application has been filed for quashing of the order dated 19.4.2012 passed by Additional Chief Judicial Magistrate, Bermo at Tenughat in Bokaro Termal P.S. Case no.122 of 2011 whereby and where under the court took cognizance of the offence punishable under Sections 406 and 420 of the Indian Penal Code against the petitioner.
(3.) The case of the complainant, in brief, is that the petitioner did impress upon the complainant and others that he does have license for purchasing coal and therefore, if they will be advancing money, he would purchase coal and will sell it of. Out of the income coming from it, the profit would be shared among them. On such assurance being given, a sum of Rs. 8,48,506/- was given to the petitioner. The said amount was deposited before C.C.L for purchasing 200 tons of coal and in fact, 200 tons of coal was allotted to the petitioner but on account of certain reason, the coal was not lifted and therefore, M/s. Central Coal Field Limited deposited the entire money in the account of the petitioner but the petitioner never returned the amount to the complainant and others in spite of repeated requests being made by him.;