D.K.SINHA, J. - (1.) THE petitioner Manoj Kumar, proprietor of Nitin Marble has preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the impugned order dated 3.9.2005 passed by Chief Judicial Magistrate, Hazaribagh in Chauparan PS Case No. 229 of 2000, corresponding to GR. Case No. 2823 of 2000. whereby and whereunder cognizance of the offence has been taken under Section 406 of the Indian Penal Code against the petitioner herein including quashing of the entire criminal proceeding in the said case.
(2.) THE brief facts of the case are recapitulated hereunder. The informant -Circle Officer of Chauparan Circle presented a written report before the Officer -in -charge of Chaparah Police Station on 12.12.2000 stating inter alia, that as against the construction of 180 units of Indira Awas work order was given to the petitioner for supply of 180 doors with angle made of iron and 180 windows, to which the petitioner entered into an agreement on 25.8.1998 for the said supply and in lieu of that, two different cheque of the denomination of Rs. 1,20.000/ - each total sum of Rs. 2,40.000/ - was advanced to the petitioner by the then Circle Officer. It is alleged that the petitioner supplied only 55 pairs of doors and winddws valued at Rs. 99,000/ - and therefore, a balance of Rs. 1,41,000/ - was remained with him. However, on persuasion, the petitioner deposited a sum of Rs. 70,000/ - on 28.6.2000 and a sum of Rs. 25.000/ - on 22.7.2000 but even then the remaining balance of Rs. 46,000/ - was with him with the interest thereon to the tune of Rs. 25,380/ - total sum of Rs. 71,380/ - to which in spite of repeated demand, the petitioner did not deposit the same. When the informant had reason to believe that the informant was not inclined to return the same, on the instruction of the Sub - divisional Office, Barhi, he lodged the present case under Section 406 of the Indian Penal Code against the petitioner.
(3.) LEARNED Counsel for the petitioner submitted that the case was instituted against the petitioner on 12.12.2000 for the offence under Section 406 of the Indian Penal Code but, the charge -sheet was submitted after investigation by the police much beyond three years of limitation, vide charge -sheet No. 116 of 2005 dated 31.7.2005 with the case diary for the offence under Section 406 of the Indian Penal Code. On the basis of materials thereon, learned Chief Judicial Magistrate, Hazaribagh took cognizance of the offence under the said Section on 3.9.2005.;