Rongon Mukhopadhyay,J. - (1.) Heard learned counsel for the petitioners and learned counsel for the State. No one appears on behalf of opposite party no.2 although in the affidavit filed by the petitioners, an averment has been made that notice to opposite party no.2 has been validly served.
(2.) In this application the petitioner has prayed for quashing of the entire criminal proceedings including the order dated 5.12.2002 by which cognizance has been taken for the offence punishable under Section 406 of the Indian Penal code in connection with Complaint Case No. C-581 of 2002 (T.R. No. 3605 of 2002) passed by learned Judicial Magistrate, Hazaribagh.
(3.) The prosecution story as it would appear from the complaint petition instituted by opposite party no.2 herein, is that the complainant was the owner of Sony Agency, Barhi and a firm namely Surya Roshini Ltd. Ranchi told him to become a commission agent for which he was required to deposit a sum of Rs. 10,000/- (Ten Thousand only) as security money with the further condition that he will be given 10% commission on the sale of materials of Surya Roshini Ltd. On such promise, the complaint (opposite party no.2 herein) had paid Rs. 10,000/- to the officials of Surya Roshini Ltd. by bank draft bearing No. 001720 dated 8.10.2001. It was also alleged therein that after becoming the commission agent of Surya Roshini Ltd., the complainant began to sell electrical articles and appliances. It was alleged that substandard quality of 31 pieces of Surya Tube lights, 8 Bulbs were supplied and in spite of repeated requests, the same were not replaced resulting in the complainant ultimately stopping the sale of articles of Surya Roshini. In the complaint petition, it was also alleged that as per the terms and conditions, the complainant should have been refunded his security money of Rs. 10,000/- along with commission of Rs. 1,448/- and Rs. 1200/- being the cost of replacement/damaged materials but inspite of repeated requests, the same were not returned resulting in the institution of the complaint case. After enquiry under Section 202 of the Code of Criminal Procedure, the learned Judicial Magistrate, 1st Class, Hazaribagh had taken cognizance of the offence under Section 406 of the Indian Penal Code vide order dated 5.12.2002.;