Rongon Mukhopadhyay, J. - (1.) Heard Mr. R. S. Mazumdar, learned senior counsel for the petitioner and Mr. Sanjay Kumar, learned senior counsel for the opposite party No. 2.
(2.) In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Complaint Case No. 1051 of 2011 including the order dated 20-9-2012 passed by the learned Chief Judicial Magistrate, Ranchi whereby and whereunder cognizance has been taken for the offence punishable under Section 406 of the IPC.
(3.) A complaint case was instituted in which it was stated that the complainant had started business of grocery item with the petitioner in the year 1007. The capital was provided by the complainant who was a sleeping partner. The profit and loss was to be apportioned in the ratio of 50:50. It is alleged that the petitioner had started cheating after some time, as a result of which the complainant withdrew himself from the partnership in the year 2007. The complainant had demanded his money and after the calculation was made, the petitioner agreed to pay Rs. 29,41,125/- and a hand note was given on 14-2-2008 with a promise to return the amount within 15-8-2008. However, since the petitioner failed to repay the amount, an agreement was once again entered into on 26-6-2010, but even then no payment was made. It is alleged that a legal notice was sent wherein the petitioner has allegedly refused to pay the agreed amount. Subsequently the complainant and his witnesses had gone to the house of the petitioner, where they were assaulted and misbehaved with. On the basis of the aforesaid allegations, complaint case No. 1051 of 2011 was instituted. After conducting an inquiry by examining the complainant on solemn affirmation as well as his witnesses, cognizance was taken by the learned Chief Judicial Magistrate, Ranchi under Section 406 of IPC.;