Ravi Nath Verma, J. - (1.) Invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure (in short "the Code"), the petitioners have questioned the continuation of the criminal proceeding and the legality of the order dated 01.04.2004 passed by learned Chief Judicial Magistrate, Seraikela-Kharsawan whereby and whereunder the cognizance of the offence under Section 406/34 of the Indian Penal Code has been taken against the petitioners.
(2.) The facts of the case, which is relevant for the proper appreciation of the issue involved in this case, in short, is that at the instance of complainant Dharamveer Singh, Joint Managing Director, Model Heavy Fabrication Pvt. Ltd., Gamharia, Saraikela- Kharswan, the aforesaid case was instituted under Section 406 and 120(B) of I.P.C. on the allegation that the complainant deals with the manufacturing and exports of Earth moving buckets and attachment. The petitioner nos. 2, 3 and 4 approached the complainant for purchase of CAT- 938G Bucket for caterpillar loader worth Rs. 4,64,000/-. The complainant on the assurance of payment by the petitioners prepared invoice no. 660 dated 04.01.2002 and dispatched the said bucket on the instruction of the petitioners but the petitioners deliberately did not make any payment rather they falsely alleged that there were certain defects in the said bucket. However, on receipt of the aforesaid instruction, the complainant sent his Works Manager to the factory of the accused-petitioners and got the defects rectified to the satisfaction of the petitioners but in spite of that, the petitioners did not pay any amount towards the value of the materials received by them. Whereafter, this complaint was lodged.
(3.) It appears from the record that after recording of the statement of the complainant on solemn affirmation, other witnesses were examined and thereafter, the court below finding sufficient materials and prima facie case took cognizance of the offence under Section 406/34 I.P.C. by order dated 01.04.2004 and directed to issue summons to the petitioners. Being aggrieved by the said order of taking cognizance and continuation of the entire criminal proceeding, the petitioners preferred this criminal miscellaneous petition.;