IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9631 of 2008 Manu Mehrotra, Son of Shri Bijay Kumar Mehrotra, resident of Jamal Road, P.S. Gandhi Maidan, District – Patna. ………. Petitioner. Versus 1. The State of Bihar. 2. Tultul Banerjee, Wife of Shri Bijay Kumar Banerjee, resident of 202 A, Devashraya Apartment, Mohalla – Bhikhna Pahari, P.S. Pirbahore, District – Patna. ………….. Opposite Parties. ---------------------------------- For the petitioner : - Mr. B.K. Sinha, Sr. Advocate For O.P. No. 2 : - Mrs. Madhuri Lata, Advocate Mr. Alok Kumar, Advocate For the State : - Mr. Dashrath Mehta, APP ---------- 06/ 13.12.2011 This application is directed under Section 482 of the Cr.P.C. to quash the order dated 25.07.2007 passed in Complaint Case No. 10(C) of 2007 by the court of Sri D.N. Tripathi, Judicial Magistrate, Ist Class, Patna, summoning the accused named in the complaint petition including the petitioner finding prima facie case under Sections 406 & 420 of the IPC. The brief facts leading to this application is that O.P. No. 2 Tultul Banerjee filed a complaint petition numbered as Complaint Case No. 11(C) of 2007 with allegation that he has invested his money in number of FDR Accounts statements of which the has been given in the complaint petition with maturity date with the accused persons amounting to Rs.4,04,331/- through local agent of the company M/S. Escorts Finance Limited at Patna, petitioner Sri Manu Mehrotra. After deposit of the money, the accused persons, under the signature of authorized signatory issued the certificate of fixed deposit receipt against the invested money and promised to repay the amount with interest on its 2 maturity. According to the terms the original certificate of fixed deposit of invested amount was to be presented before 20 days of the maturity date for the payment. Accordingly, he deposited the original certificate through accused/petitioner Manu Mehrotra local agent and receipts were issued by accused no. 4 Kajal Bhattacharjee, Manager of local office of M/S Escorts Finance Limited, Frazer Road, Patna. It is further alleged by O.P. No. 2 that she persuaded the matter for payment number of times through local agent accused/petitioner Manu Mehrotra and accused no. 2 Kajal Mehrotra, Manager of Finance Company of local office, but all times it was promised to be paid very soon, as such the accused persons named in the complaint petition have deceiving him fraudulently and dishonestly induced him to deliver the money but they deceive by not making the payment on maturity, as such the accused persons has committed the offence of cheating. Learned counsel appearing on behalf of the petitioner made submission that from perusal of the complaint petition it will appear that no offence is made out against the petitioner, who is said to be the agent of M/S Escorts Finance Limited/accused no. 1 as the amount deposited in fixed deposit scheme to the company and accordingly, receipts were issued to complainant - O.P. No. 2. Moreover, the money of fixed deposit of O.P. No. 2 has been returned by the company which would appear from paragraph 6 of the counter affidavit filed by complainant - O.P. No. 2. 3 Learned counsel appearing on behalf of O.P. No. 2 also submits that the fixed deposit amount has been received by the complainant from the company and there is no other dues. From the complaint petition it appears that there is no allegation against the petitioner to receive money from O.P. No. 2 or misused the same and it also appears from paragraph 6 of the counter affidavit of O.P. No. 2 that complainant-O.P. No. 2 has already received the money as deposited in fixed deposit scheme to M/S Escorts Finance Limited. Under the aforesaid facts and circumstances, cognizance order dated 25.07.2007 in respect to petitioner is amount to abuse of the process of the court and accordingly, it is quashed. This application is allowed. DKS/ (Rajendra Kumar Mishra, J.)