1. By means of this application, the Petitioners seek to assail
the order of cognizance dated 22.07.2016, passed by the learned
SDJM, Nayagarh in 1CC Case No.129 of 2015 wherein the learned
Magistrate took cognizance for the offences punishable under
Sections 420/506/34 of the IPC against the Petitioners along with
another.
2. The background facts of the case are that the complainant
has two schools in the name of Millennium Academy of Higher
Education. One is situated at Village Panikoila under Sadar Police
Station, Nayagarh, District-Nayagarh and another situates at
Khandapara Road, Nayagarh. It is alleged in the complaint petition
that in the month of March 2013, the Petitioners visited the office of
the complainant situated at Nayagarh and discussed with the
complainant regarding the betterment of students, and approached
the complainant to take the package provided by the Petitioners
called the ‘ClassEdge’ package for the Odia medium. It is also
alleged in the complaint that Petitioner Nos. 2 and 3, along with
another person, Mr. Sanjib Kumar Shaw, the then employee of the
Petitioners’ company, took the signatures of the complainant on
some printed forms as agreement papers and took an amount of
Rs.27,000/- for each of the institutions, towards signing amounts for
providing the said package to Millennium Academy of Higher
Education. It is further alleged in the complaint petition that after
taking the aforesaid amount and signatures of the complainant, the
Petitioners left the office and sent a copy of the agreement through
e-mail ID of the complainant. It is also alleged that the Petitioners
installed hardware in the said two schools of the complainant, but
instead of providing the ‘ClassEdge’ packages in Odia medium, the
Petitioners provided ‘ClassEdge’ packages in English medium to
the complainant’s schools. It is further alleged that the Petitioners
assured the complainant that they would replace the English
medium package within a short period of time and provide the Odia
medium package to the complainant’s institution. The complainant
thereafter continued paying Rs.81,000/- per quarter to the
Petitioners’ company, but no software in Odia medium was
supplied. At this juncture, the complainant requested the Petitioners
to refund Rs.54,000/-, which was the signing amount, as well as the
deposited amount for three quarters, amounting to Rs.2,43,000/-, as
they had failed to provide the software content in Odia medium.
While the matter stood thus, on 30.11.2013, Tata Interactive
Systems (T.I.S.) terminated the agreement. It is further the case of
the complainant that on 13.01.2015, after termination of the
agreement, the AGM (Legal) of Tata Interactive Systems sent
letters to the complainant demanding an illegal amount. According
to the complaint, the Petitioners failed to provide the ClassEdge
package in Odia medium and fraudulently and dishonestly took
away an amount of Rs.2,97,000/- from the complainant. On account
of the aforesaid actions of the Petitioners, the complainant issued a
pleader’s notice on 07.03.2015 to the Petitioners, as well as to the
AGM (Legal) of Tata Interactive Systems, through registered post
with acknowledgment due, demanding refund of the money within
15 days. It is further alleged by the complainant that on 26.04.2015
at about 9:00 A.M., accused person, namely Petitioner No.2, and
Mr. Sanjib Kumar Shaw, the then employee of the company, rushed
to the office of the complainant at Nayagarh and forcibly demanded
the amount. When the complainant objected, Petitioner No.2 and
Mr. Sanjib Kumar Shaw allegedly attempted to kidnap him with the
intention to cause his murder, and when witnesses reached the spot,
the Petitioners fled away after threatening him with dire
consequences. Accordingly, the complainant filed a complaint, on
the basis of which the learned court recorded the statement of the
complainant under Section 200 of the Cr.P.C., recorded the
statements of the witnesses under Section 202 of the Criminal
Procedure Code, and took cognizance of offences against the
Petitioners.