Patna High Court - Orders
Gagan Goyal Director & Ors. vs State Of Bihar & Anr on 29 April, 2014
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9069 of 2014
======================================================
1. Gagan Goyal, Director M/S Tri Techno Electric And Engineering Co.
Ltd. Solutions Pvt. Ltd. , 113/114, 1st Floor, Phulora (Hsl) Iti Bombay
Market, P.S.- Pawai, Mumbai
2. Deepankar Mukhopadhyay, Chief Executive Officer, M/S Tri Techno
Electric And Engineering Co. Ltd. Solution Pvt. Ltd., 113/114, 1st Floor,
Phulora ( Hsl) Iti Bombay Market, P.S.- Pawai, Mumbai
3. M/S Tri Techno Electric And Engineering Co. Ltd. Solution Pvt. Ltd.
113/114, 1st Floor, Phulora (Hsl) Iti Bombay Market, P.S.- Pawai, Mumbai,
Through Its One Of The Director, Gagan Goyal.
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. Subhash Banka S/O Si Nand Kishore Banka Resident Of 401/A, Verma
Center, Boring Road Crossing, P.S.- S.K. Puri, District- Patna
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
4 29-04-2014Heard learned counsel for the parties.
The present application has been filed for quashing the order dated 16.3.2010 passed by the learned Judicial Magistrate, Ist Class, Patna in Complaint Case No. 3547 C of 2009 whereby the processes were directed to be issued on cognizance being taken for the offences punishable under sections 420 and 120B of the Indian Penal Code.
The prosecution case is that the complainant being Software Expert was engaged as Computer Teacher and has been teaching the students of Class X and XII Patna High Court Cr.Misc. No.9069 of 2014 (4) dt.29-04-2014 2/3 whereas the accused persons were engaged in imparting Robot training to the aspiring students. For undertaking the training programme at Mumbai, the complainant entered into an agreement of Franchise and for that the accused persons asked the complainant to pay Rupees Three Lacs Eleven Thousand. The complainant handed over Rupees Three Lacs on 19.8.2009 but no training was imparted to the complainant.
After examining the complainant on solemn affirmation and recording the statements of witnesses, processes were directed to be issued after cognizance being taken.
I.A. No. 849 of 2014 has been filed to the effect that the issue has been resolved between the parties as the complainant O.P. No. 2 has received Rupees Three Lacs Eleven Thousand through demand draft hence prayer has been made for quashing of the present prosecution.
Keeping in view the nature of accusation and the joint prayer made through I.A. No. 849 of 2014 , in view of this Court, no useful purpose will be served by allowing the present prosecution to continue.
To secure the ends of justice, in view of the Patna High Court Cr.Misc. No.9069 of 2014 (4) dt.29-04-2014 3/3 present stand of the parties, entire prosecution of Complaint Case No. 3547 C of 2009 including the order of issuance of processes dated 16.3.2010 passed by the learned Judicial Magistrate, Ist Class, Patna with regard to the petitioner is quashed.
Accordingly, this application including I.A. No. 849 of 2014 is allowed.
(Dinesh Kumar Singh, J) Anil/-