TaxTMI 
TaxTMI 
2022 (1) TMI 1439
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.... and the petitioner, it will be within the jurisdiction of the Courts at Ranchi. 3. Petitioner on the basis of the appointment letter joined the Opposite Party company on 07.04.2014 at Delhi. The petitioner worked at the company's Delhi office and was never posted at any other office of the company. It is the case of the petitioner that no laptop was provided to him by the company and only a desktop computer was provided at his office. After one year five months and one day of service the petitioner resigned from the Opposite Party company on 08.09.2015 by sending an e-mail. On mutual consent the service of the petitioner was extended up to September 26.09.2015. 4. On 26.09.2015, the Delhi office requested the Kolkata office of Opposite Party for issuing the Experience certificate and Reliving letter to the petitioner, as clearance formality of the petitioner had to be completed. On 19.10.2015 the Opposite Party company issued the Experience certificate and Relieving letter to the petitioner through e-mail and final salary of the petitioner up to 26.09.2015 was credited to his bank account on 07.10.2015. 5. Suppressing such facts the Opposite Party lodged a complaint against....
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..... It has been contended that the petitioner was offered appointment for the post of 'Wind Resource Analyst' in 'Manikaran Wind Power Limited' at Delhi and the conditions of his appointments as per clause 2 of the offer letter was that petitioner's place of posting would be at Delhi office of the company and that he must serve the company for a minimum period of one year. As per clause 2 to 4 of Annexure-I of the offer letter all disputes between the petitioner and Opposite Party/Company were to be decided within the jurisdiction of the courts at Ranchi. Learned Advocate argued that the Opposite Party/company has issued a Relieving letter in favour of the petitioner on 19.10.2015 and credited his salary in the bank account on 07.10.2015. Therefore, the complainant has filed this frivolous complaint against the petitioner after severance of relationship with the petitioner without any mention of retaining of any laptop or valuable documents. Therefore, the question of petitioner cheating the Opposite Party company cannot arise. It is assiduously argued that the company never entrusted any document or laptop to the petitioner thereby there is no question of any cri....
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....g on its merit in exercise of discretion under section 401 of the Cr.P.C., invoking the power conferred under section 386 of the Cr.P.C. 10. Having heard Mr. Mukherjee, Learned Advocate for the petitioner and on considering the legal issues raised on behalf of the petitioner, it appears that one Subrata Roy, the Legal-in-charge of the company at Kolkata lodged a complaint against the petitioner under section 420 and 406 of the Indian Penal Code at Alipore Court on 22.02.2016 which has been registered as Complaint case No. 711 of 2016. It is undisputed that the accused/petitioner's address is 7 M, Aram Bag Chitra Gupta Road, New Delhi 110055. The petitioner is admittedly residing outside the jurisdiction of the learned Magistrate 6th Court, Alipore who issued summons in this case without fulfilling the mandatory provision of section 202(1) of the Code of Cr.P.C. On a clear reading of the petition of complaint it is gathered that the petitioner was appointed by the company on 07.04.2014 and he worked till 26.09.2015, which is one year and five months. Annexure-I of the Offer letter for appointment dated 04.03.2014 discloses that the minimum tenure of service will be for one year....
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.... the decision of Govind Prasad Kejriwal Vs. State of Bihar and another (2020) 16 Supreme Court Cases 714, cited on behalf of the petitioner, it has been held that, "while holding the inquiry under section 202 Cr.P.C., the Magistrate is required to consider whether a prima facie case is made out or not and whether the criminal proceeding initiated are an abuse of process of law or the court or not and/or whether the dispute is purely of a civil nature or not and/or whether the civil dispute is tried to be given the colour of criminal dispute or not". 13. In the above case Learned Magistrate had taken cognizance of the offence upon the complaint filed by the respondent against the appellant under section 323, 341 and 379 of IPC. The appellant filed an application for quashing before the High Court which was disposed granting liberty to move the learned Magistrate. The prayer of the appellant for discharge was declined and subsequent prayer for quashing of the order passed by Magistrate was dismissed. The appellant thereafter filed criminal appeal before the Hon'ble Supreme Court wherein it was held that none of the ingredients of section 341, 379 and 323 of IPC were satisfied. T....
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....ry under section 202 Cr.P.C., the matter is required to be remitted to the learned Magistrate concerned for passing fresh orders uninfluenced by the prima facie conclusion reached by the Appellate Court". While arriving at such conclusion this court relied upon two decision of the Hon'ble Supreme Court in the case of National Bank of Oman V. Barakara Abdul Aziz, (2013) 2 SCC 488 and Vijay Dhanuka V. Najima Mumtaz (2014) 14 SCC 638. Hon'ble Supreme Court reiterated in the case of Vijay Dhanuka V. Najima Mumtaz that under section 200 Cr.P.C. examination of the complainant only is necessary with the option of examining the witnesses present, if any. Though no specific mode or manner of enquiry is provided under section 202 Cr.P.C., the witnesses are examined for the purpose of deciding whether or not there is sufficient ground of proceeding against the accused. 15. In the case under considering the learned Magistrate did not hold any inquiry under section 202 of Cr.P.C. though it is apparent from the complaint that the accused resided outside the jurisdiction of the court where the complaint has been lodged. Learned Magistrate on the other hand held an inquiry under section 2....