JUDGMENT : Anil Kumar Choudhary, J. 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 a prayer to quash and set aside the entire criminal proceeding in connection with Complaint Case No.2521 of 2017 including the order dated 07.08.2017 passed by learned Judicial Magistrate-1st Class, Ranchi whereby and where under the learned Judicial Magistrate-1st Class, Ranchi has found sufficient material for issuance of summons inter alia against the petitioner who has been cited as Accused no.3 in the complaint for having committed the offences punishable under Section 420, 406, 499, 500, 504 and 506 of the Indian Penal Code and ordered for issuance of summons against the petitioner. 3. The allegation against the petitioner is that the petitioner being the Managing Director of Tata Elxsi. The co-accused persons, claiming themselves to be having a tie-up with the company of the petitioner namely Tata Elxsi, entered into an agreement and cheated the complainant of Rs.7.50 lakh plus Rs.94,000/- service tax. Keeping the complainant in dark that before approaching the complainant, the tie-up between the co-accused persons and Tata Elxsi have already come to an end and by misusing the name of Tata Elxsi, the co-accused persons have cheated a fat amount from the complainant. 4. On the basis of complaint, statement on solemn affirmation of the complainant and the statement of the enquiry witnesses, the learned Magistrate has found prima facie case for the said offences. 5. Learned counsel for the petitioner submits that it is the admitted case of the complainant that before approaching the complainant, the co-accused who was having an establishment in the name and style of Bigv Telecom Private Limited; was no more in tie-up with Tata Elxsi, as admittedly the said tie-up was over. 5. Learned counsel for the petitioner submits that it is the admitted case of the complainant that before approaching the complainant, the co-accused who was having an establishment in the name and style of Bigv Telecom Private Limited; was no more in tie-up with Tata Elxsi, as admittedly the said tie-up was over. It is then submitted that, there is also no allegation against the petitioner that the complainant ever approached the petitioner or his company before or at the time of entrusting money to the co-accused persons, to verify as to whether there is any tie up between the company of the petitioner and the co-accused persons; nor there is any allegation against the petitioner of having defamed or insulted or criminally intimidated the complainant, hence, it is submitted that even if the entire allegations made against the petitioner are considered to be true in their entirety, still none of the offences for which the learned Magistrate has found prima facie case is made out against the petitioner. It is lastly submitted that the prayer, as prayed for in the instant Cr.M.P, be allowed. 6. Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner made in the instant Cr.M.P and submit that the learned Magistrate has issued summons against the petitioner besides the co-accused person; as the conduct of the petitioner goes to show that he was hand in gloves with the co-accused persons, though, there is no such specific averment made by the complainant either in the complaint or in the statement on solemn affirmation or in the statement of enquiry witnesses. Therefore, it is submitted that this Cr.M.P., being without any merit, be dismissed. 7. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that it is the admitted case of the complainant that the tie-up which existed between the company of the petitioner as well as the company of the co- accused in the name and style of Bigv Telecom Private Limited; already came to an end before the complainant entrusting the money to the co-accused persons. There is absolutely no allegation against the petitioner of being in contact with the complainant at the time of complainant being cheated or when the alleged criminal breach of trust was committed in respect of the property of the complainant, by the co-accused persons. There is absolutely no allegation against the petitioner of having defamed the complainant nor is there any allegation against the petitioner of having intentionally insulted or criminally intimidated the complainant. 8. Under such circumstances, this Court is of the considered view that even if the entire allegations against the petitioner in complaint, statement on solemn affirmation and the statement of the enquiry witnesses are considered to be true in their entirety, still none of the offences in respect of which prima facie case is found by the learned Judicial Magistrate-1st Class, Ranchi is made out against the petitioner, hence, the continuation of this criminal proceeding against the petitioner will amount to abuse of process of law. Therefore, this is a fit case where the entire criminal proceeding in connection with Complaint Case No.2521 of 2017 including the order dated 07.08.2017 passed by learned Judicial Magistrate-1st Class, Ranchi, be quashed and set aside. 9. Accordingly, the entire criminal proceeding in connection with Complaint Case No.2521 of 2017 including the order dated 07.08.2017 passed by learned Judicial Magistrate-1st Class, Ranchi, is quashed and set aside qua the petitioner only. 10. In the result, this Cr.M.P., stands allowed. 11. In view of disposal of the instant Cr.M.P., the interim relief granted vide order dated 14.09.2017, is vacated. 12. Registry is directed to inform the court concerned forthwith.