- (1.) In both these applications, petitioners pray for quashing the entire criminal proceeding in relation to Complaint Case No. 1003 of 2015 including the order dated 29.01.2016 by which the learned Additional Chief Judicial Magitrate, Bokaro had taken cognizance of the offence under Sections 420 / 34 of the Indian Penal Code and issued summons to the accused persons.
(2.) I have heard learned counsel for the petitioners, the complainant and the State.
(3.) Learned counsel for the petitioners submits that the order taking cognizance is absolutely bad and shows non-application of judicial mind. He submits that from bare perusal of the complaint petition itself, no offence under the provisions of the Indian Penal Code is made out, thus, the Court below could not have taken cognizance. He submits that the entire dispute is civil in nature and there are no ingredients of offence under Section 420 of the Indian Penal Code. He submits that since no criminal offence is made out, the Court below could not have taken cognizance of any offence. He submits that filing of this complaint is bad and is nothing, but an abuse of the process of the Court.;