IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48607 of 2007 1. S.M.Patel S/o Sri Mangal Bhai Patel, Ex. General Manager Ocean Agro (India)Ltd. Baroda Gujrat at present General Manager (Mkt.) Kusitech Pvt. Ltd. Baroda. 2. K.B. Parikh @ Parekh S/O Sri Babu Bhai Parikh Managing Director, Ocean Agro (India) Ltd. Baroda Gujrat (Accused nos. 4 and 5 in the Court below) --- Petitioners Versus 1. The State of Bihar 2. Sri Dhananjay Singh S/O Sri V.K.Sinha, Patner of M/s Kama Business House C/O Ali Imam Anwar house Ist floor, Jamal Road, Patna (Bihar) R/o village & P.O. & P.S. Mokama, Dist. Patna (Complainant in the court below) --- Opp. Parties. For the Petitioners :Mr. A.B.Ojha,Advocate. For the State :Mr. Sunil Kumar Pandey, A.P.P. For the Opposite party no.2 :Mr. Shivendra Kumar Sinha, Advocate. ----------- 05. 23.03.2010 Heard the parties. Petitioners assail the order dated 17.02.2001, passed by the learned Judicial Magistrate, Ist Class, Patna in compliant case no. 16( c) of 2001, whereby the learned Magistrate, on perusal of the materials adduced in course of inquiry come to the conclusion that a prima facie case exists for further proceeding against the accused persons. Accordingly, cognizance has been taken under Sections 406, 420 and 120B of the Penal Code, and summons have been directed to be issued for appearance of the petitioners for facing the trial. Learned counsel for the petitioners made elaborate submissions. Its contended that the allegations contained in the complaint are in two distinct parts. Firstly, the allegation is that representative and in-charge of the company of which the 2 petitioners are General Manager and Managing Director respectively had fraudulently and illegally misused the road permits procured by the complainant. Using those road permits the goods were delivered to some other persons. Secondly, it is alleged that the accused persons failed to pay back the amount as promised to the complainant. It is thus contended that first part would constitute an offence defined under Section 49 of the Bihar Finance Act 1981 and appropriate punishment is provided therefor. Sub Section 5 of Section 49 provides sanction to be accorded by appropriate authority. So far as second part of the allegation is concerned, it is submitted that they, at best, constitute violation of written agreement between the parties. The parties themselves have agreed in the agreement at Clause 14 that in the event of any dispute or difference arising between the parties, the same shall be settled through arbitration. Learned counsel appearing on behalf of the complainant states that the petitioners have challenged the order passed in the year 2001. Event that have taken place thereafter have not been purposefully placed before the Court. It is submitted that charges against the petitioners were framed by the trial Court way back in 2003. The matter was carried to this Court at the instance of the complainant which was disposed of after hearing both the sides by order dated 1-12-2005, passed in Cr. Misc. No. 39041 of 2004. It is further stated that the petitioners faced the trial and in course of trial an application was filed on their behalf for recall of one of the witnesses( complainant) which was 3 considered and rejected. The said matter was carried to the revisional court by one of the accused persons by filing Cr. Revision no. 58 of 2007 which was heard and rejected/dismissed by a proceeding dated 23.07.2007, passed by the learned Sessions Judge, Patna. The said order is on record marked ‘X’. In this fact situation, it is submitted, this Court should not exercise its inherent jurisdiction as the petitioners have approached this Court belatedly after availing other opportunities available to him/them at different stages of the trial. Having regard to the said submission of learned counsel for the complainant, this Court is of the view that the exercise of the power invoked by the petitioners shall not sub serve the ends of justice. The application has no merit, which is, accordingly dismissed. Sym ( Kishore K. Mandal, J.)