- (1.) Invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure ( in short "the Code"), the petitioner has prayed for quashing of the order taking cognizance dated 04.07.2011 as also quashing of entire criminal proceeding pending in the court of Judicial Magistrate, Dhanbad in connection with C.P. Case no. 241 of 2011 instituted under Section 420 and 406 of I.P.C.
(2.) Bereft of unnecessary details of the allegations made in the complaint petition, the relevant fact, which is necessary for the proper adjudication of the question involved in this petition, in short, is that the complainant, an Accountant of M/s. PRE-STRESSED UDYOG INDIA (P) LTD., Dhansar, Dhanbad was authorized by the Managing Director of the Company to file the complaint case, whereafter, the complainant filed the complaint with the allegation that the accused persons came in the office of the complainant and by making false and dishonest representation proposed to purchase a land of Khata no. 104 of Mouza No.-7 at Hirapur having an area of 52 decimals on the ground that the accused Prasant Kumar Mukherjee along with one Vidyanand Chourasia had entered into an agreement to sale with one Sumitra Devi for purchase of the land in question but as there was paucity of fund, he was not in a position to purchase the land and proposed the same to the complainant. The Managing Director agreed to purchase the said land in the name of his company and paid a sum of Rs.1,00,000/- by cheque dated 13.07.2007 as an advance consideration money. After receiving the cheque, the accused again by making false and dishonest representation took away Rs.54,000/- and promised to execute the sale deed but in spite of several requests and reminders, the accused did not execute the sale deed. Whereafter, the complainant enquired about the alleged agreement from Sumitra Devi, who told that neither she nor her husband ever entered into any agreement with the petitioner or with Vidyanand Chourasia. On enquiry from the accused-petitioner, he gave in writing to return the entire amount of Rs.1,54,000/- to the complainant but when he failed to return the said amount, this complaint was filed.
(3.) After examining the complainant as well as the Managing Director of the Firm as PW-1, the court upon being satisfied with sufficiency of materials and the prima facie case, took cognizance of offence by a detailed order dated 04.07.2011 and directed to issue process against the accused-petitioner.;