Prashant Kumar, J. - (1.) This application has been filed for quashing the order dated 02.08.2014 passed by Judicial Magistrate -Ist class, Jamshedpur in Complaint Case C/1 No. 623/2014, whereby and whereunder he took cognizance against the petitioners under Ss. 406/420 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that from perusal of complaint petition and other materials available on the record, no offence made out under Ss. 406/420 of the Indian Penal Code. Thus, the impugned order cannot be sustained.
(2.) On the other hand, Sri Gautam Kumar, learned counsel for the respondent No. 2 submits that at paragraph No. 11 of the complaint petition, respondent No. 2 specifically stated that the petitioners started a business of brick kiln in the name and style of M/s. A.K. Bricks and for the said business, he took Rs. 2,60,000/ - from the partnership firm, namely, M/s. Shamshad Ahmad Khan. It is further submitted that at paragraph No. 16 of complaint petition, the complainant stated that on 27.10.2011, a separate deed of partnership executed, which is in English and in the said deed, due to some ulterior motive, petitioners incorporated a paragraph that any amount kept in the bank account will be drawn by the joint signature of two partners. It is further stated that because of the said Clause, complainant was not able to draw any amount from the bank. Accordingly, it is submitted that the aforesaid allegation made out a case under Ss. 406/420 of the Indian Penal Code.
(3.) Having heard the submissions, I have gone through the records of the case.;