- (1.) In this application under Section 482 of the Code of Criminal Procedure petitioner has prayed for quashing the entire Complaint Case being C.P. Case No. 283/2004 pending in the Court of Judicial Magistrate, 1st Class, Bokaro including the order dated 12-8-2004 passed in the aforesaid case taking cognizance and issuing summons against the petitioner under Section 420 I.P.C.
(2.) The order dated 12-8-2004 taking cognizance reads as under :- 'The complainant is represented through counsel. The case is fixed for order on the basis of the enquiry conducted u/S. 202 of Cr. P.C. It has to be determined whether there are sufficient material on record to issue process against the proposed accused. It is case of the complainant that in year 1996 the accused entered into an agreement for transport of raw-materials of goods from Bokaro to Ramgarh at his factory, with the complainant. The complainant is proprietor of Laxmi Transport Agency and Shree Laxmi Transport Company of Chas Bokaro. The goods of the accused Hari Kishan Budhia was transported till 1997, by the two transport agency of the complainant. The total transportation cost was Rs. 8,27,860.00. However the accused on one or other false pretext did not pay any amount to the complainant for last six years on ground of illnesses and closure of factory. Finally on 18-7-04, when the accused was at Bokaro the complainant in presence had requested the accused for payment of due amount. The accused refused to pay the said amount. Thus, the accused has cheated the complainant and misappropriated his due amount for his personal gain. Resultantly the complainant was compelled to file this complaint petition. "The complainant in order to support its contention has examined three witnesses all the witnesses have supported the case of the complainant. At this stage on the basis of the documentary and the oral evidence I do not find any reason to disbelieve with this case of the complainant I find sufficient material on record to issue process u/S. 420 of I.P.C. against accused Hari Kishan Budhia. The complainant is directed to file requisite (sic) within 8 days for issuing of summons. Thereafter summons to be issued on accused for appearance on 13-9-04."
(3.) Mr. Biren Poddar, learned counsel appearing for the petitioner assailed the impugned order of cognizance as being illegal and wholly without jurisdiction. Learned counsel has drawn my attention to the Complaint Petition and submitted that the Complaint Case has been filed only for the recovery of the money and no allegation of cheating or misappropriation of money or breach of trust has been made. Learned counsel also submitted that transportation took place in 1996-97 and the Complaint Case was filed after 7 years i.e. in 2004.;