Prashant Kumar, J. - (1.) This writ application has been filed for quashing the First Information Report of Govindpur P.S. case No. 112 of 2015, corresponding to G.R. No. 1317/2015 registered under Ss. 420, 406 and 120(B) of the Indian Penal Code. It appears that the complainant/respondent No. 2 filed a complaint in the court of Judicial Magistrate, Dhanbad vide C.P. Case No. 336/2015. The said complaint case sent to the Govindpur Police Station for institution of case and investigation under Sec. 156(3) Cr.P.C. Accordingly, Govindpur P.S. case No. 112/2015 instituted. In the said complaint petition, respondent No. 2 alleged that petitioners are directors and promoters of M/s. Anirox Pigments Limited and they are related to the complainant (respondent No. 2). It is also stated that petitioner Nos. 1 and 2 are also Directors of M/s. Elementis Coke Private Limited. It is alleged that in the year 2004 -05, petitioners invited respondent No. 2 and his father namely, Late Ganesh Ram Dokania in their factory premises for some important discussions relating to their business. It is stated that in response to the aforesaid invitation, respondent No. 2 and his father went to the petitioners' residence at Amaghata, Govindpur, where petitioners requested respondent No. 2 and his father for help in their business, as the petitioners' company namely, M/s. Anirox Pigments Ltd. was facing serious financial crisis. It is also requested that if respondent No. 2 and his father will invest money in the company, they will earn a handsome profit. It is further alleged that on the said persuasion, the respondent No. 2 and his father invested crores of rupees in the petitioners' company as creditor, but the petitioners had shown the above investment as purchasers of shares. It is further stated that the petitioners appointed the respondent No. 2 and his father as Directors of the Company. However, within five months respondent No. 2 and his father resigned from the Directorship.
(2.) It is stated that later on respondent No. 2 and his father found that the Company was facing serious financial crisis, therefore, they asked the accused/petitioners to return their money. It is stated that in lieu of said demand, the accused -petitioners had executed three promissory notes on 27.09.2005, 02.06.2008 and 03.06.2008 in favour of respondent No. 2 and his father for total sum of Rs. 22,25,00,000/ -. It is stated that thereafter, accused/petitioners received crores of rupees on many occasions, but instead of paying a single penny to respondent No. 2 and his father, they only gave assurances to pay back the dues within a short period.
(3.) It is further alleged that in the year 2013, accused/petitioners called respondent No. 2 and told him that they have negotiated with IDBI Bank and the Kotak Mahindra Bank for one time settlement and for that purpose they need Rs. 50,00,000/ - so that the same can be deposited with the IDBI Bank and Kotak Mahindra Bank. It is alleged that accused/petitioners assured that if the said amount will be deposited in the I.D.B.I. Bank, there will be no impediment in selling the company namely, M/s. Anirox Pigments Ltd. It is stated that on the aforesaid request and inducement, the complainant gave two demand drafts of Rs. 50,00,000/ - to the petitioners and the said demand drafts deposited in the respective banks. It is stated that after deposit of said demand draft, the IDBI Bank instructed the petitioners to arrange a meeting with the creditors of M/s. Anirox Pigments Ltd. for one time settlement. But the accused/petitioners fraudulently and intentionally ignored the aforesaid instruction of the bank, due to which complainant had suffered wrongful loss of Rs. 50,00,000/ - in addition to what was earlier given to the accused/petitioners. It is then alleged that thereafter, respondent No. 2 requested the accused/petitioners to refund the amount, whereupon the accused petitioners had executed a "Memorandum of Understanding" and an "Authority Letter" in favour of respondent No. 2 for search of proposed investor/buyers for M/s. Anirox Pigments Ltd. It is alleged that while executing the aforesaid memorandum, the accused/petitioners assured respondent No. 2 that after disposal of M/s. Anirox Pigments Ltd. all the amount obtained from the respondent No. 2 and his father will be returned along with 10% commission of total sale consideration. It is stated that on 04.04.2014 accused -petitioners executed a registered Power of Attorney in favour of complainant for finalization of investor/buyers for the aforesaid M/s. Anirox Pigments Ltd. It is stated that on 09.01.2015, the complainant -respondent No. 2 came to know from the newspaper notice published in Prabhat Khabar that the accused persons had revoked the Power of Attorney vide registered deed dated 05.01.2015 on false and frivolous ground. It is stated that thereafter, respondent No. 2 along with his friend approached the accused for refund of their money. At that time, accused -petitioners had threatened him to finish his life. It is stated that the accused/petitioners had acknowledged in writing that a sum of Rs. 46,00,00,000/ - is payable to the respondent No. 2. Accordingly, the present case has been filed.;