RONGON MUKHOPADHYAY, J. - (1.) HEARD the learned counsel appearing on behalf of the petitioner and the learned counsel for the State. No one appears on behalf of the opposite party No. 2 inspite of valid service of notice. In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with C/1 Case No. 138 of 1999 including the order dated 5.4.1999 passed by the learned Judicial Magistrate, Jamshedpur, whereby and whereunder, cognizance has been taken for the offence punishable u/s 406/420 of the Indian Penal Code (IPC). A complaint case had been instituted by the opposite party No.
(2.) HEREIN in which it was stated that he is engaged in the business of giving training and education of computer to unemployed persons and for this he had placed orders on the basis of quotations supplied by M/s. Nelito Systems Ltd. for supply of computer five in numbers vide purchase order dated 22.6.1998. It has been further stated that the complainant had paid a sum of Rs. 33,000/ - as advance for supply of five numbers of computer machine. It has been further stated that during installation the machines were found defective and even the installation of the machines was not completed till 30.7.1998. On assurance of M/s. Nelito Systems, the complainant had taken a shop on rent @ Rs. 5000/ - p.m. and took admission of the students in order to impart training to them. However, since the machines were not in order, the complainant had to make an alternative arrangement for imparting training to the students. On the basis of aforesaid allegation the present complaint had been instituted.
(3.) AFTER initiation of the complaint case, an enquiry was conducted u/s 202 of the Code of Criminal Procedure (Cr.P.C.) by examining the complainant on solemn affirmation as also his witnesses and pursuant thereto vide order dated 5.4.1999, the learned Judicial Magistrate, Jamshedpur was pleased to take cognizance for the offence punishable u/s 406/420 IPC. It has been submitted by the learned counsel for the petitioner that the petitioner at the relevant point of time was a Commercial Officer of M/s. Nelito Systems Ltd. which is a subsidiary company of M/s. Tata Sons Ltd. and even if the the allegations levelled in the complaint petition is taken to be true in its entirety, the same has been levelled against M/s. Nelito Systems Ltd. It has further been submitted that the allegations are with regard to supply of defective machines and due to that the complainant had to make alternative arrangement to impart education to his students and the same do not make out an offence punishable u/s 406 and 420 I.P.C. against the petitioner.;