IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1211 of 2007 SMT.RUKMINI KUMARI W/O SHRI ALIND PRASAD SINGH R/O VILL- PAURIYA, P.S. SANGRAMPUR, DIST. MUNGER, AT PRESENT ART TEACHER, JAWAHAR NAWODAYA VIDYALAYA, COLASI, DIST. KATIHAR(BIHAR)] --- PETITIONER Versus 1. NARENDRA KUMAR SINGH SON OF NAME NOT KNOWN TO THE PETITIONER, SECRETARY, ALOK SAHAKARI GRIH NIRMAN SAMITI LTD. PATNA SITUATED AT NEW A.G. COLONY, KHAGAUL ROAD, DANAPUR SOUTH, SAGUNA MORE, P.S. DANAPUR, PATNA PRESENTLY WORKING AS SR. ACCOUNTANT IN A.G.(A&E), BIHAR PATNA, BIRCHAND PATEL PATH P.S. SACHIWALAYA, PATNA. 2. SHRI JANAKI RAMAN NIDHI, SON OF NAME NOT KNOWN TO THE PETITIONER, PRESIDENT, ALOK SAHAKARI GRIH NIRMAN SAMITI LTD. PATNA SITUATED AT NEW A.G. COLONY, KHAGAUL ROAD, DANAPUR SOUTH, SAGUNA MORE, P.S. DANAPUR, PATNA PRESENTLY WORKING AS SR. ACCOUNTS OFFICER, IN A.G.(A&E.) BIHAR PATNA BIR CHAND PATEL PATH, PS. SACHIWALAYA, PATNA. 3. BRIJESH PANDEY, SON OF LATE PREMNATH PANDEY, R/O VILL. PANDU, P.S. NISRAMPUR, DIST. PALAMU, PRESENTLY C/O SRHI SHATRUGHNA PRASAD YADAV, QR. NO. A/442, A.G. COLONY SHEIKHPURA, P.S. SHASHTRI NAGAR, PATNA AT PRESENT WORKING AS GROUP(D) EMPLOYEE, ADMN.II FIRST FLOOR, OFFICE OF THE ACCOUNTANT GENERAL (AUDIT) BIHAR PATNA. 4. ALOK SAHKARI GRIH NIRMAN SAMITI LTD. PATNA SITUATED AT NEW A.G. COLONY KHAGAUL ROAD, DANAPUR SOUTH SAGUNA MORE, P.S. DANAPUR, PATNA REPRESENTED THROUGH ITS SECRETARY SHRI NARENDRA KUMAR SINGH. --- OPP.PARTIES. For the Petitioner : Mr. Virendra Kr. Roy, Advocate. For the State : Mrs. Poonam Kumari, APP For the O.Ps. : None. ----------- 04 06.09.2010 Heard learned counsel for the petitioner and the State. Nobody appears on behalf of the opposite parties in spite of valid service of notice. Complainant is aggrieved by the order dated 19.07.2007 passed by learned Judicial Magistrate First Class, Patna in complaint case no. 1512( c) of 2007 ( Rukmini Kumari vs. Alok Grih Nirman 2 Samiti), whereby the complaint has been dismissed under Section 203 of the Code of Criminal Procedure( hereinafter referred to as the ‘Code’) . Petitioner was an applicant for plot of the society called Alok Sahakari Grih Nirman Samiti Ltd. of which opposite party nos. 1 and 2 are the Secretary and President respectively. Opposite party no.3 is subsequent purchaser/allottee of the plot initially allotted to the petitioner. As per complaint on payment of certain amount petitioner was allotted plot bearing no. C/57 by means of a communication contained in Annexure-3. Subsequently the office bearers of the cooperative society ( accuseds) by a communication dated 15.09.2006 (Annexure- 4) again demanded payment of certain amount on the assurance that a plot shall be allotted to her. It appears from Annexure-7 that the said plot no. C/57 had already been allotted to one of the accuseds in the year 2005 itself. Believing the representation made by the accuseds true a sum of Rs. 12,000/- was again deposited with them. Yet the plot was not allotted/registered in the name of the complainant. Referring to Annexure-7 it is submitted that the representation made under Annexure-4 was dishonest and fraudulent as prior to the issuance of the aforesaid communication dated 15.09.2006 the plot in question had already been registered/ settled in favour of one of the accuseds in the year 2005. Learned trial Court by the order impugned dismissed the application on the ground that the complaint raises a civil dispute Learned counsel for the petitioner while assailing the order impugned submits that the dishonest and/or fraudulent intention of the 3 accuseds can be seen from the fact that although in the year 2006 the complainant was called upon to deposit more money and cooperate with them which was in fact deposited yet the plot was not settled/registered in the name of the complainant. It is contended with reference to Annexure-7 that such representation made in Annexure-4 was ex facie a deceitful representation. It is thus contended that the opposite parties can prima facie said to be guilty of breach of trust reposed in them. Referring to the supplementary affidavit it is stated that on the same set of facts another complaint was also filed in the Court below against the office bearers of the Cooperative society in which on a consideration of the materials adduced in course of inquiry it has been found that a prima facie case has been made out and accordingly cognizance has been taken. Reliance has been placed on Annexures-10 and 11 of the said supplementary affidavit wherefrom it appears that on somewhat identical facts cognizance has been taken under Sections 406, 420 and other allied Sections of the Penal Code. It is settled by now that when the complaint indicate a civil liability and criminal liability then the criminal Court is not denuded of their jurisdiction to proceed with the criminal proceeding against the accused persons. Learned Court below has found that the complaint reflects a civil dispute. It is to be kept in mind that on somewhat identical allegation made by some other aspirants the Court has taken cognizance against the same set of accuseds under appropriate Sections of the Penal Code. In that view of the matter, this Court is satisfied that learned Court below should give a fresh look to the case. Accordingly the 4 order impugned dated 19.07.2007 passed by Judicial Magistrate, Ist Class, Patna in complaint case no. 1512 ( c) of 2007 is quashed and matter is remitted back to the Court below for passing a fresh order in accordance with law. The findings or observation made hereinabove are for the sake of disposal of the present application. All issues are left open to be considered by learned Court below in accordance with law. Sym (Kishore K. Mandal, J.)