- (1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing entire criminal prosecution including the order dated 14.1.2004 passed in C.P. Case No. 354/2003, whereby and whereunder the learned Judicial Magistrate, 1st Class, Bokaro has taken cognizance against the petitioner under Sections 341, 321, 326, 386 and 504 read with Section 35, IPC.
(2.) THE facts giving rise to the filing of this application are that complainant -opposite party No. 2 filed a complaint stating therein that there was an agreement between the complainant and the State of Jharkhand on 6.7.2002 and according to that agreement a weavers workshop was constituted in which complainant and ten other villagers were made members. It is further alleged that according to the said agreement dated 6.7.2002, the complainant was the president of Primary Weavers ' Cooperative Society. Sonabad and the workshop building at Sonabad for this purpose was also constructed by the Government of Jharkhand and in this workshop the weavers had to produce/manufacture different kinds of cloths/materials including loongi, towel, shawls etc and for the said purpose the members of the said group had applied for grant of loan to the tune of Rs. 2,50,000/ - before the petitioner. The petitioner had only granted Rs. 1,25,000/ - as loan and that too on the payment of 10% of the amount i.e. Rs. 12,500/ - as illegal gratification, though petitioner had demanded Rs. 15% of the requisite amount. Pursuant to the grant of aforesaid amount of loan, the said group in order to run the business, purchased thread at Ranchi and demanded the rest of the amount of Rs. 1,25,000/ - from the petitioner, but petitioner demanded illegal gratification on 13.11.2003 at I p.m. While group demanded rest of the amount of loan before payment of any further illegal gratification, both the accused persons including petitioner became angry and they started manhandling the complainant and threatened him to implicate him in a false case and he was pushed out of the Bank. It is further alleged that Nathu Ram Mahto is also a member of the group but he is a man of the petitioner. A complaint case being C.P. Case No. 354/2003 was lodged against the petitioner and other under the aforesaid sections in the Court of learned CJM, Bokaro, who after recording SA of the complainant, transferred the case to the Court of Judicial Magistrate, Ist Class, where enquiry under Section 202, Cr. PC was made and after finding a prima facie case, cognizance was taken against the petitioner under the aforesaid sections. Learned counsel appearing for he petitioner submitted that petitioner has been falsely implicated in this case because from the very averment made in the complaint petition it appears that a threatening was extended to the complainant to get him implicated in a false case. It is stated that an agreement was made on 6.7.2002 between the Government of Jharkhahd and Chas Primary Weavers ' Cooperative Society, Sonabad, Chas represented through its president Md. Ajan Ansari for the purpose of conducting and maintaining the assets and properties created under Swarnjayanti Gram Swarojgar Ojha of the Government and as per terms of agreement a building as a training cum production center of Sonabad, Chas was handed over to the second party for the said purpose of improving the economic condition of the local poor villagers of the concerned area with effect from 16.1.2002. The president Nathu Ram Mahto and Secretary Sri Amar Chand Mahto and its treasurer Sri Prafulla Mahto made an appellation for disbursement of first installment of Rs. 1,25, 000/ -for the purchase of cotton yarn from M/s. Priyanka Textile, Calcutta and accordingly, on the recommendations of the Department of petitioner, as a Breach Manager, sanctioned the same on usual terms and conditions. The loan amount of Rs. 1,25,000/ - was handed over to the three office bearers jointly vide DD No. 16/866 dated 11.8.2003 along with forwarding letter No. VP/16/03 -04/205, dated 11.8.2003 in favour of M/s. Priyanka Textiles, Kolkata. Thereafter petitioner received a complaint on 4.9.2003 from the members of Bunkar Samooh, Sonabad to the effect that despite delivery of said demand draft together with the forwarding letter to the said supplier, they and received bundless the cotton yarn valued at Rs. 65,200/ - only from the complainant namely Ajan Ansari, who has taken possession of the said cotton yarn from the concerned transport company namely M/s. Joshi Transport Corporation, Calcutta at Ranchi on 27.8.2003 and 2.9.2003. The said transport agency was engaged by the supplier M/s. , Priyanka Textiles for transporting the said yarn from Calcutta to Ranchi and the said Bunkar Samooh had not received the cotton yarn for the balance amount of Rs. 59,800/ - and on receiving this piece of complaint regarding non -receipt of the cotton yarn, the petitioner made an enquiry and on physical verification of stock he found the allegation made in the complaint petition is correct and the petitioner accordingly referred the matter to District Manager, Bokaro with a copy to BDO, Chas, NABARD, Bokaro, DRDA, Bokaro on 8.9.2003 seeking instruction with regard to the matter in question and on the instruction of the Deputy Development Commissioner, Bokaro vide letter No. 2657 dated 1.11.2003, BDO. Chas lodged an FIR on 27.11.2003 against the complainant under Sections 409/420, . IPC bearing Pindrajora P.S. Case No. 95/2003 and as a counter blast to the filing of the complaint petition, the complainant has. filed this case. It is further submitted that there is no allegation of any assault or commission of any overt act against the petitioner.
(3.) ON the other hand, learned counsel appearing for he opposite party No. 2 submitted that this is not the stage where defence should be heard and learned Court below after proper enquiry under Section 202, Cr PC has taken cognizance finding a prima facie case against the petitioner and others.;