D.G.R.PATNAIK, J. - (1.) PETITIONERS have invoked the inherent powers of this Court under Section 482, Cr.P.C, praying for quashing the entire criminal proceedings initiated against them pursuant to the order dated 16.2.1999 passed in C.P. Case No. 1170 of 1998, passed by Mr. A.K. Tiwari, Judicial Magistrate, 1st Class, Dhanbad, whereby cognizance of the offence under Section 406, I.P.C. was taken against the petitioners with a direction that they should appear and face trial in the case.
(2.) THE main grounds in support of the prayer is that the learned Court below has passed the order of cognizance without application of judicial mind and without considering the allegations and the facts and circumstances of the case in proper perspective, and that the continuance of the proceedings against the petitioners will amount to abuse of the process of law and perpetrate injustice as even on the basis of the entire allegations, no offence under Section 406, I.P.C. can be made out against any of the petitioners. The further ground is that the learned Court below has failed to appreciate that the instant case has been filed by the complainant/ opposite party No. 2 apparently with mala fide intentions to seek revenge against the petitioners and by way of a counter-blast to the criminal case instituted against him for the offence under Section 138 of the Negotiable Instruments Act. Heard the learned Counsel for the petitioner and the State.
(3.) FOR better appreciation of the grounds advanced by the petitioners, reference to the prosecution case in brief may be made: The case against the petitioners was registered on the basis of the complaint filed by the opposite party/complainant, vide C.P. Case No. 1170 of 1998 before the Chief Judicial Magistrate, Dhanbad. The allegations as appear in the complaint petition is that on 25.4.1994, the complainant entered into an agreement of agency with M/s. Chamolium Limited, manufacturers of lubricants, for the purposes of enabling him to operate the Company Sales depot for the sale of the Company's products at Dhanbad. The agreement was operative for the period of two years i.e. till 26.4.1996. It is claimed that the present petitioners are representatives of the Company and on 22.2.1996 and again on 28.6.1986, the petitioners approached the complainant at his office for the Minutes of some meeting and they obtained six blank cheques from the complainant, bearing his signatures on the plea that the same need to be retained by them by way of security for the business transactions with the Company, and had assured him that the blank cheques would not be used in any way and that it would be retained only by way of security. The complainant has further alleged that after expiry of period of validity of the cheques, he demanded return of his cheques vide his notice dated 21.7.1997 but the cheques were not returned to him and after expiry of the period of the agreement, the accused persons allegedly forged the blank cheques by filling up certain amounts, therein, and presented the said cheques at the Bank, which, however, on account of lack of sufficient funds in the complainant's bank account were dishonoured. Thereafter, a case allegedly on false accusations was filed against the complainant by the accused persons at Madras in which the complainant secured his bail on 25.9.1998 and having realized that the accused persons had dishonestly misappropriated the cheques belonging to him, had filed the instant case against the petitioners. ;