The main legal point established in the judgment is that a criminal proceeding can be quashed if it is manifestly attended with mala fide and maliciously instituted with an ulterior motive.

JUDGMENT :

In both the petitions common question of law and similar complaint as well as cognizance order are under challenge that is why both the petitions are being heard together with the consent of the parties.

2. Both the petitions have been filed for quashing the entire criminal proceeding including order taking cognizance dated 29.05.2010 passed in connection with C.P. Case No. 460 of 2009, pending in the Court of learned Chief Judicial Magistrate, Bokaro.

3. Heard Mr. Indrajit Sinha, learned counsel for the petitioners and Mr. Binit Chandra and Mr. Jitendra Pandey, learned counsels for the State and Mr. B.B. Sinha, learned counsel for the respondent no.2.

4. Complaint case has been filed alleging therein that the complainant is the proprietor of a firm named M/s Singh Builders Construction & Suppliers and his residence is at Sector 8/D, Quarter No. 3040, Bokaro Steel City, Police Station-Harla, District Bokaro. The complainant in course of usual business transaction met with accused no.1.

It was further alleged that the accused no.1 gave proposal to do business with his own company. The complainant-accepted proposal of the accused no.1 and along with him other officials were also present who introduced themselves as the members of Board of Directors the complainant as per their terms agreed to have dealing with the company of the accused persons.

The accused asked him to deposit a sum of Rs. 15 lakhs in their account.

It was further alleged that while the complainant expressed his state of inability in putting in full Rs. 15 lakhs and proposed that for the present he deposit a sum of Rs. 12,50,000.00/- only, then the accused no. 1 readily agreed to that, and on 25.09.2008 A.D, the accused no. 1 at the Bokaro Civil Court, in presence of Notary Public signed on the ‘Receipt’ as a proof of receiving the sum of Rupees tweleve lakhs fifty thousand.

The Written Agreement was also being typed at the same time between the complainant and the accused persons and in presence of the said Notary Public Sr. P.K. Tiwari, both the accused no.1 and the complainant put their respective signatures in presence of the witnesses.

It was further alleged that in the meantime the accused persons called the complainant over telephone places like New Delhi, Kolkata, and Madras and introduced him to other Agreement Holder Companies and also informed about various ways to better running of the business and on one or two occasions even Foreign Companies were also found participating in such meetings. It was further alleged that for being present in such meetings the complainant had to incur considerable sum. The complainant regularly called on the Accused no. 1, Over telephone/Mobile Phone to enquire that from when the lifting of Gas of complainant would start, on this the accused no. 1 told the complainant that you better contact accused no. 2 because at present at NH 3, ONGC Talgadia the Accused no. 2 is the person in charge and talk to him.

It was further alleged that when the complainant talked to the Accused No. 2 over telephone, then the accused no. 2 called the complainant to his office on 29.8.2009. Accordingly at the, instruction of accused no. 1 and having been called by the accused no. 2, the complainant went to the office of the Accused No. 2 after hiring a Tata Sumo Vehicle No. JH-9E-6290 driven by driver Rakesh Kumar.

It was further alleged that the dialogue regarding the Agreement dt. 25.9.08 between the Accused No. 2 and the complainant was initiated, when at the first instance the Accused No. 1 said that now there is delay to start the business, it will take time, but when the complainant told that things are not like that, business has commenced and as per the agreement they are bound to give share of profit and by not doing so they are infringing the conditions of the Agreement. Hence it is clear that whatever Agreement they have entered into with the complainant at Bokaro Civil Court on 25-9-08 and accepted the sum of Rupees 'Twelve Lakhs