2015 (2) TMI 1401 - HC - Indian Laws

Cognizance of offence - against the petitioners under Sections 323/417 of the Indian Penal Code - no offence under Sections 323/417 of the Indian Penal Code made out - HELD THAT - The complainant specifically alleged at paragraph No. 2 that petitioners induced him to invest money in the contract work allotted to them by Idea Mobile Tower Company and they will return the said amount after payment of the bill. Petitioners also assured the complainant that they will give him half of the profit. Paragraph No. 3 of the complaint petition shows that complainant agreed to invest money in the contract work of accused on the aforesaid inducement. Paragraph No. 5 of the complaint shows that complainant invested Rs. 1,65,000/- in the work of petitioners. It is further stated that after payment of the bill amount, petitioners refused to pay the amount as promised. At paragraph No. 12 it is stated that when complainant went to the house of petitioners and requested for returning the money, he was assaulted by the petitioners. Prima-facie it is found that the offences under Sections 323/417 of the India Penal Code are made out. Accordingly, there are no merit in this application, thus, same is dismissed.

Summary

Issues:
Quashing of order dated 01.07.2011 passed by Judicial Magistrate, Bokaro in C.P. Case No. 822 of 2010 under Sections 323/417 of the Indian Penal Code.

Analysis:
The petitioners filed an application seeking to quash the order of cognizance against them under Sections 323/417 of the Indian Penal Code. The petitioners argued that the complaint and the statement of the complainant did not disclose any offence under the said sections. However, upon examining the complaint petition, the court noted specific allegations made by the complainant. The complainant stated that the petitioners induced him to invest money in a contract work, promising to return the amount after payment of the bill and share half of the profit. The complainant agreed to invest Rs. 1,65,000/- based on these assurances. Subsequently, when the bill was paid, the petitioners refused to fulfill their promises, leading to a confrontation where the complainant was allegedly assaulted by the petitioners at their house.

Based on the details provided in the complaint petition, the court found that the offenses under Sections 323/417 of the Indian Penal Code were prima facie made out. The court concluded that the circumstances presented in the complaint justified the cognizance taken by the Judicial Magistrate. Consequently, the court dismissed the application filed by the petitioners seeking to quash the order of cognizance.