Prima facie evidence of cheating under Section 420 of the Indian Penal Code was sufficient for the Trial Court to take cognizance and proceed with the case.

JUDGMENT :

1. Heard Mr. Pradeep Kumar Deomani, learned counsel for the petitioner, Mrs. Mohua Palit, learned A.P.P. for the State and Mr. Chanchal Jain, learned counsel for the O.P. No. 2.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. This criminal miscellaneous petition has been filed for quashing of the entire criminal prosecution and the criminal proceeding including the order taking cognizance dated 02.07.2019, passed by the learned Chief Judicial Magistrate, Ranchi, in Complaint Case No. 1236 of 2019, whereby cognizance under Section 420 of the Indian Penal Code has been taken against the petitioner.

4. On the following facts, the complaint case was filed:-

The prosecution case in short, as per the complaint petition dated 07.03.2019, is that the complainant/opposite party no. 2 is engaged in transportation business and that the accused no. 1 /petitioner is the C & F Agent of the accused no. 2. It is further alleged that the complainant/opposite party no. 2 had been providing transportation service to the accused on the instructions of the accused no. 2 and as such the complainant /opposite party no. 2 had been transporting tyres from the godown of the accused no. 1/ petitioner to various points of dealers on hire basis.

It is then alleged that from April 2017 to August 2017, the complainant/opposite party no. 2 provided transportation service to the petitioner, for which a sum of Rs. 1,89,538=00 fell due against the accused nos. 1 and 2, but the complainant/opposite party no. 2 was paid only Rs. 1,63,550=00 through cheque and a sum of Rs 25,988=00 remained due to be paid by the accused nos. 1 and 2.

Thereafter it is alleged that the accused no. 2 again instructed the complainant/opposite party no. 2 through its Branch Manager, Ranchi, to provide transportation service from September 2017 to December 2017 from the depot/godown of the petitioner to various destinations like Hazaribagh, Tilaiya, Kuju, etc. The complainant/opposite party no. 2 allegedly provided transportation service accordingly and a sum of Rs.2,95,417=00 fell due to be paid by the accused nos. 1 and 2 to the complainant/opposite party no. 2.

Thereafter the complainant/opposite party no. 2 allegedly demanded the said sum of Rs 2,95,417=00 from the petitioner who did not pay any heed to the demand, and then the complainant/opposite party no. 2 allegedly sent a legal notice to the petitioner, asking for payment of the due amount. However, the petitioner sent a reply to the said legal notice, stating therein that he had already paid Rs. 1,63,550/-for the transportation services rendered from April 2017 to August 2017, denying the liabilities of Rs. 25,988/-and also of Rs. 2,95,417/-.

Thereafter the complainant/opposite party no. 2 allegedly also sent a legal notice to the Depot Manager at Ranchi of the accused no. 2 on 22.10.2018, requesting for the payment of the due amount but no response was received from the accused no.2 nor any payment made.

The complainant/opposite party no. 2 thus alleges that both the accused no. 1/ petitioner and the accused no. 2 dishonestly embezzled the sum of Rs. 3,21,405/-of the complainant/opposite party no. 2 under a criminal conspiracy.

5. Mr. Pradeep Kumar Deomani, learned counsel appearing for the petitioner submitted that the O.P. No. 2/complainant had rendered transportation services from April, 2017 to August, 2017, for which they have received full and final payment of Rs. 1,63,550/-through Cheque No. 671080 dated 27.12.2017. He submitted that the O.P. No. 2/complainant has not raised any objection with regard to remaining amount of Rs. 25,988/-for that period. He further submitted that the petitioner is denying the liability of payment of Rs. 25,988/-and Rs. 2,95,417/- to