Chandra Shekhar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 48994 of 2012 Arising out of P.S. Case No. -null Year- null Thana -null District- - ======================================================== Chandra Shekhar Giri S/o Late Hari Shankar Giri Resident of Village- Sath Laukaha, Narkatia Bazar, P.S.- Darpa, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. L. N. Das, Adv.

For the Opposite Party/s : Mr. M Haque, APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 27-07-2015 The Petitioner seeks quashing of the order of cognizance dated 08.05.2012 passed by the Judicial Magistrate, 1st Class, Patna in Gandhi Maidan P.S. Case No. 122 of 2011.

The case of the Informant was that he and the Petitioner were Directors in Meera Comtrade Pvt. Ltd. which dealt in business of cold storage and rural agricultural business. The Petitioner in collusion with other accused person made allotment of shares of Rs. 60 Lakhs. The allegation was that the accused persons had done it to grab the property of the Company and they misused his digital signature.

It has been submitted on behalf of the Petitioner that there are claims and counter-claims with regard to

Patna High Court Cr.Misc. No.48994 of 2012 dt.27-07-2015 the accounts of the Petitioner/Informant. It appears that two cases were filed one on each side with more or less same allegations of defalcation and converting money of the Company to their own use. Evidently, in such circumstances, it appears that there are two groups alleging that the other party was culpable.

On the other hand, Counsel for the Informant submits that since the Petitioner had converted the money for his use he should be put on trial.

Having considered the documents and counterclaims, I would be inclined to hold that it appears to be a case of mis-accounting and the allegations of defalcation appears to be far-fetched.

Hence, the proceeding including the order of cognizance dated 08.05.2012 passed by the Judicial Magistrate, 1st Class, Patna in Gandhi Maidan P.S. Case No. 122 of 2011 is, hereby, set aside so far as the Petitioner is concerned.

The Application stands allowed without prejudice to any party.

Vikash/- (Anjana Prakash, J.) U T