IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46720 of 2008 1. Krishna Poddar 2. Poonam Devi @ Poonam Kumari 3. Ranjan Poddar 4. Ratan Poddar @ Ratan Kumar Arya………Petitioners. Versus State Of Bihar ---------------------------------- 04. 08.12.2011 This is an application for quashing the order dated 31.01.2007 passed by Sri A. K. Singh, Judicial Magistrate, Ist Class, Patna in Complaint Case No.2078 (C ) of 2006 (Tr. No.1730 of 2006) whereby the learned Court below found that a case under Sections 406, 420,427,468,471 and 120B of the I.P.C. is made out against these petitioners and one Raman Kumar hence ordered the complainant to file Talwana of notice and further directed the office to issue notices upon the accused persons the petitioners, as well as to quash the entire criminal proceeding against the petitioners. Heard learned counsel for the petitioners and learned counsel for the State. Allegation made in complaint petition is that accused No.1 Raman Kumar, not petitioner, came to the complainant with an unknown person posing him Territory Business Officer in a company having good approach, influence and contact with high officials of the company namely Intas Pharmaceuticals Limited situated at Ahamadabad. He introduced another person also as Representative of the Intas Pharmaceuticals Ltd. They all induced, assured and promised to provide the complainant C & F Agent of Optima a sister concern company of Intas Pharmaceuticals aforesaid which deals in medicine of Optima Group. Accused No.1 asked the complainant to take the agency 2 in complainant’s daughter Neetu Kumari as he was a Government Servant his daughter puts her signature on different forms and papers. It is further case of the complainant that Rs.13,00,000/- (thirteen lac) was paid by the complainant on different dates through cheques, demand draft and cash. Rs.1,14,267/- and Rs.1,62,000/- to Intas Pharmaceuticals Ltd through demand drafts. Letter was produced by accused No.1 acknowledging receiving of money to the complainant in name of M/s Remedial Pharma. Again Rs.10,000/- was demanded and complainant paid Rs.90,000/-. Later on, it was told by accused No.1 about his transfer to Siliguri in Assam. A letter was sent to complainant by aforesaid company under registered post to accused No.6 and reply was that accused No.1 absconded, all the petitioners have also been said in collusion with each other, but for the collusion or conspiracy some averments are also made that these petitioners also supported the version of accused Raman Kumar, complainant was lured by them also at his and their resident. Further assurance was given on their behalf about coming back of accused No.1. They never disclosed whereabout of accused No.1 and pressure was given, they became aggressive and abused complainant and his men and threatened not to come again and make demand appears only to cast pressure otherwise every transaction or negotiation was in between accused No.1 and complainant. Money was also paid to him, most of it through demand draft or cheque, but in name of company. Allegation leveled against them do not justify for accusation for which cognizance is taken. Accordingly, this quashing application is hereby allowed and order dated 31.01.2007 for taking cognizance against these 3 petitioners passed by Sri A. K. Singh, Judicial Magistrate, Ist Class, Patna in Complaint Case No.2078(C ) of 2006 (Tr. No.1730 of 2006) is hereby quashed. Vikash ( Mandhata Singh, J.)