JUDGMENT :

1. The instant petitions under Section 482 of the Code of Criminal Procedure are filed for quashing of the entire criminal proceeding including the order taking cognizance dated 11.03.2021 and 17.02.2017 by which the cognizance of the offence have been taken under Section 420 of IPC arising out of Complaint Case No. 1979 of 2015 and under Sections 420, 406 and 120-B of IPC in connection with Complaint Case No. 2108 of 2015.

2. The brief facts of the case as per the version of the complainant as disclosed in the complaint petition, reads as under:

Cr. M.P. No. 4400 of 2022:

The case of the complainant is that he is retired personnel who on instance of one Mahendra Turi, who, on coming to know about one company named Kolkata Ware Industries, convinced the complainant that it is a banking company which enhances the invested money to double in the span of three-four and a half year. It is further alleged that the present petitioner, accused no.3 in the complaint, along with the other accused persons have convinced the complainant to invest the money in the said company after showing him various documents.

Thereafter, the complainant invested Rs.5.85 lakhs in the company between 2010-13 and on completion of time period, another accused person who was working as accomplish, issued receipt and stated that they will pay the matured amount within 15 days. But, on 26.03.2014, the complainant came to know that the company has been closed and on inquiry, it was informed that the company is planning to establish its own house since there are some differences between the landlord and the company, but, the company never opened.

The petitioner and other accused persons, have only given assurance to the complainant but never disbursed the matured amount. For redressal of grievance, the complainant filed the complaint case being Complaint Case No. 1979 of 2015 and accordingly, after perusal of the record, the court of Judicial Magistrate, First Class, Giridih took cognizance of the offence vide order dated 11.03.2021.

Cr. M.P. No. 4462 of 2022:

The case of the complainant is that on instance of one Krishna, who, on coming to know about one company named Kolkata Ware Industries, convinced the complainant that it is a banking company which enhances the invested money to double in the span of three-four and a half year. It is further alleged that the present petitioner, accused no.3 in the complaint, along with the other accused persons have convinced the complainant to invest the money in the said company after showing him various documents.

Thereafter, the complainant invested Rs.10.90 lakhs in the company between 2010-13. But, on 26.03.2014, the complainant came to know that the company has been closed.

The petitioner and other accused persons, have only given assurance to the complainant but never disbursed the matured amount. For redressal of grievance, the complainant filed the complaint case being Complaint Case No. 2108 of 2015 and accordingly, after perusal of the record, the court of Judicial Magistrate, First Class, Giridih took cognizance of the offence vide order dated 17.02.2017.

3. Learned counsel for the petitioner has submitted that the entire criminal proceeding including the order taking cognizance dated 11.03.2021 and 17.02.2017, by which the cognizance has been taken, is nothing but misuse of proceeding and only to harass the petitioner, the same has been filed, therefore, the entire criminal proceeding is fit to be quashed.

Such submission has been made on the following grounds:

(i) The first ground is that if the entire complaint petitions will be taken into consideration on its face value, no prima facie case is made out against the petitioner;

(ii) There is no ingredient of Section 420 of IPC since there is no allegation to the effect that the money was collected by way of any inducement;

(iii) The petitioner himself is a