Rongon Mukhopadhyay, J. - (1.) HEARD the parties.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Complaint Petition No. 403 of 2005 including the order dated 17.03.2006, passed by learned Sub Divisional Judicial Magistrate, Bokaro, whereby and whereunder cognizance has been taken for the offence punishable under sections 420, 504, 506, 468, 471, 418, 474, 120B of the Indian Penal Code. The prosecution story as would appear from the complaint petition instituted by the opposite party No. 2, in which it was stated that Bajaj Allianz Insurance Company through the Regional Manager of R.N.I.S. College of Insurance had licence from Insurance regulatory body of India namely I.R.D./A to give training and issue training certificate. It has been further stated that the petitioner was selected for the post of Sales team Manager by the company on 19.11.2004 and he is working at Satellite office, Bokaro. It has been alleged that the accused Nos. 5 & 6 asked the complainant to give business of Rs. 2 lakhs and create a team of 15 Insurance Care Consultants. It has further been alleged that the complainant managed to give 12 agents for training, which started from 3rd December, 2004 and the said programme was conducted at City Centre, near Rimjhim Hotel, B.S. City, Bokaro by one Mr. Kaushal Kishore and after completion of training on 23.12.2004, the certificate had been issued to each successful candidates by the petitioner, which shows Asansole (W.B) as the place of training. It has also been alleged that all the trainees got training at Bokaro Steel City after paying an amount of Rs. 580/ - but got the training certificate of "Crepesden training institute", Sarda Pally, Asansole (W.B.) and therefore it was alleged that the accused persons had committed fraud with the training, which was brought to the knowledge of the accused No. 5 and to the Chairman, I.R.D.A. It has further been alleged that the complainant was under pressure from his agent for being cheated as the place of training was shown in a different place than the actual place of training and that they were apprehensive of future consequences. The complainant has further alleged that although the complainant was selected as a salary based employee but no appointment letter was issued till 7th January, 2005 and although subsequently an appointment letter dated 15.12.2004 was received on 8.1.2005 but the said appointment letter was signed and sealed by accused Nos. 2 & 3 mentioning the date of appointment as 15.12.2004, although the team of Insurance Care Consultants were working after getting certificates of training from 3.12.2004 to 23.12.2004 under the supervision of the complainant. It has been claimed by the complainant that the accused Nos. 1, 2 & 3 issued two appointment letters of different dates and that when the complainant had brought the alleged fraud and irregularity to the knowledge of accused Nos. 5 and 6, he was victimized in various ways.
(3.) AFTER conducting an inquiry on examining the complainant on solemn affirmation as well as his witnesses vide order dated 17.03.2006, passed by learned Sub Divisional Judicial Magistrate, Bokaro in Complaint Petition No. 403 of 2005, cognizance was taken for the offence punishable under sections 420, 504, 506, 468, 471, 418, 474, 120B of the Indian Penal Code.;