RONGON MUKHOPADHYAY, J. - (1.) HEARD Mr. B. K. Jha, learned counsel appearing on behalf of the petitioner and Mr. Prabir Kumar Chatterjee, learned counsel for the opposite party No. 2. No one appears on behalf of the State.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with C.P. Case No. 1406 of 2010 including the order dated 11.05.2011 passed by the learned Judicial Magistrate, Dhanbad, whereby and whereunder, cognizance has been taken for the offence punishable u/s 323/ 341/ 406/ 504 of the Indian Penal Code (IPC).
(3.) IT appears that a complaint case had been instituted by the complainant/ opposite party No. 2 in which it was stated that the petitioner is the elder brother of the complainant and both of them resides in the same building along with family members. It has been alleged that the petitioner who does business of sweets, demanded Rs. 40,000/ - from the complainant and the complainant on the assurance that the petitioner will return the same very shortly, managed to procure the said sum of Rs. 40,000/ - and gave the same to the petitioner. It has been further alleged that when even after lapse of one year the said sum was not returned, the complainant along with two other persons demanded the money from the petitioner, but the petitioner used filthy language and refused to return the money. 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 11.05.2011, the learned Judicial Magistrate, Dhanbad was pleased to take cognizance for the offence punishable u/s 323/ 341/ 406/ 504 of the Indian Penal Code (IPC).;