Quashing under Section 482 CrPC denied where cheating allegations show deception from inception, accused absconding, charge sheet suppressed, and civil recovery co-exists without barring criminal proceedings.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the order dated 21.06.2022 whereby fresh N.B.W. has been directed to be issued against the petitioner without recalling or modifying the earlier order dated 10.12.2019 whereby fresh cognizance of the offence has been taken and without issuing any summons, the learned court below straight way was pleased to direct issuance of N.B.W. against the petitioner and additionally, the petitioner prays for quashing the entire criminal proceedings including the order taking cognizance dated 10.12.2019 passed by the learned Judicial Magistrate-1st Class, Deoghar in connection with Sarwan P.S. Case No. 109 of 2009 corresponding to G.R. Case No. 751 of 2009 of the court of the learned Judicial Magistrate-1st Class, Deoghar.

3. The allegation against the petitioner is that the petitioner claiming himself to be the authorised agent of one M/s Kiran Energy Solutions Pvt. Ltd., Dhanbad has cheated and committed criminal breach of trust by taking part of the sanctioned amount for installation of solar pumping system at two places; which he was supposed to do within 45 days from receipt of the amount; instead of installing the solar pumping system, has misappropriated the same. On the basis of the written report submitted by the complainant - Block Development Officer, Sarwan, police registered Sarwan P.S. Case No. 109 of 2009 and took up investigation of the case and after investigation of the case, police submitted charge sheet against the petitioner and the petitioner has withheld the charge sheet from this Court by not filing the charge sheet. Basing upon the charge sheet submitted by the police, the learned Sub-Divisional Judicial Magistrate, Deoghar took cognizance of the offences punishable under Sections 406 and 420 of the Indian Penal Code and passed the summoning order vide order dated 03.06.2017. As the petitioner did not appear in response to the summons issued, bailable warrant of arrest was issued against the petitioner on 19.07.2017.

4. This is the second journey of the petitioner with the similar prayer. Earlier, the petitioner filed Cr.M.P. No. 3742 of 2018 for quashing the entire criminal proceedings against the order dated 03.06.2017 passed by the learned Sub-Divisional Judicial Magistrate, whereby and where under the learned Sub-Divisional Judicial Magistrate took cognizance of the offences, consequent upon the charge sheet as a closure report was submitted by the police, mentioning therein that though the allegations made against the petitioner were found to be true but the petitioner could not be traced out even after conducting raids at three places in the state of Jharkhand and Bihar, albeit without mentioning the reasons for taking cognizance by a speaking order. A Co-ordinate Bench of this Court vide order dated 06.07.2019 considered that since the order taking cognizance was passed in a mechanical manner without application of judicial mind, accordingly, the order dated 03.06.2017 was quashed and set aside and the matter was remitted to the court below to pass a reasoned and speaking order. The Deputy Commissioner has released 70 per cent of the total cost of Rs.19,91,000/- i.e. Rs.13,93,700/- and as per the terms of the agreement, the company needed to complete the whole installation in 45 days but they did not do it.

5. It is e