AMARESHWAR SAHAY, J. - (1.) IN this application, the petitioners have prayed for quashing of the order dated 14.9.1998 taking cognizance of the offences under Sections 420/406/120B, IPC in connection with Complaint Case No. 401/1998.
(2.) THE Opposite Party No. 2, Dhirendra Kumar Sinha, filed a Complaint Petition in the Court of CJM Ranchi against the petitioners making allegation of commission of the offence of cheating and criminal breach of trust and criminal conspiracy. The case of the Opposite Party No. 2 as alleged in the Complaint Petition is that the accused petitioners were running a firm, namely, M/s. Ruchi Enterprises, Patna which was supplier of electrical goods. Against proposed supply of electrical goods the Opposite Party/Complainant had paid a sum of Rs. 1,55,000/ - and Rs. 772.80 paise but it is alleged that on some plea or the other the goods were not supplied. Thereafter a notice under registered cover was sent through Advocate on 18.2.1998 whereby the accused petitioners were asked to pay the amount but they did not pay the same. Thereafter another reminder was sent on 6.3.1998. Then it is said that the accused persons came to Ranchi and assured that they will make payment within three months as there was marriage in their family. It is said that on 25.7.1998 again a request was made for payment of the aforesaid amount but accused persons flatly refused to make any payment and then the Complaint Petition was filed in the Court.
(3.) LEARNED CJM after examination of the complainant on solemn affirmation made over the case to the Judicial Magistrate, 1st Class under Section 192(ii) Cr PC for enquiry and disposal and thereafter the transferee Magistrate held enquiry under Section 202 Cr PC.;