Rongon Mukhopadhyay, J. - (1.) Heard Mr. Nagmani Tiwary, learned counsel for the petitioner and Mr. Pradeep Kumar Nayak, learned counsel for the opposite party no. 2.
(2.) In this application, the petitioner has sought for a writ for quashing of the entire criminal proceeding in connection with Complaint Case No. 1155 of 2010 including the order dated 06.06.2012 passed by the learned Judicial Magistrate 1st class, Ranchi by which cognizance has been taken for the offence punishable under Section 406/34 of I.P.C. A further prayer has been made for quashing of that part of the order dated 27.07.2015 passed by the learned Judicial Commissioner, Ranchi in A.B.P. No. 961 of 2015 in which the petitioner has been directed to submit his passport as one of the conditions for grant of anticipatory bail.
(3.) The prosecution story as would appear from the complaint petition is that the respondent no. 2 was having a dealership of Kinetic Motors in the name and style of M/s. Shanti Motors, Ratu Road, Ranchi. It is alleged that the complainant was induced by the petitioners stating that there is margin of Rs. 1,00,000/- for sale of one tractor and on such inducement, the respondent no. 2 became the dealer of the said company. Subsequent thereto amount were spent on processing fee as well as deposit of bank guarantee. It has also been alleged that by the inducement of the accused persons, the respondent no. 2 has to deliver Rs. 9,00,000/- for sending the tractors to the show-room of the respondent no. 2. It is also alleged that several tractors were sent by the accused persons to the complainant for sale of the tractors of the said company, but due to non-permission of the transport department, the respondent no. 2 was not able to sell out the entire lot. The subsequent act of the accused persons also reveals that on account of inducement made by them, the respondent no. 2 had made payment on various heads and in fact even the bank guarantee of Rs. 25 lacs which was submitted by the respondent no. 2 was also encashed. The allegations made in the complaint petition were substantiated in course of inquiry under Section 202 of Cr.P.C. and having found the allegation to be true, cognizance was taken on 06.06.2012 by the learned Judicial Magistrate, Ranchi for the offences punishable under Section 406/34 of I.P.C.;