U DHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Crl. A. No. 70 of 2003 @ SLP (Crl.) No. 2654 of 2002:

(2.) This appeal is filed by U. Dhar, Managing Director and Mr. Asis Ray, Vice-President (Operation), both of Tata Construction and Project Ltd. against an order dated 3rd May, 2002 passed by the High Court of Jharkhand in Crl. M.P. No. 4780/2001 whereby the High Court dismissed the petition filed by the appellant herein for quashing an order dated 19th June, 2001 whereby cognizance was taken of offence against the appellants under Sections 403, 406, 420 and 120-B of Indian Penal Code by the learned Chief Judicial Magistrate, Bokaro.

(3.) Briefly, the facts are that Bokaro Steel Plant, a unit of Steel Authority of India Limited (for short, SAIL) awarded a contract to M/s. Tata Iron and Steel Co. Ltd. (for short TISCO), Growth Shop for certain works. TISCO growth shop completed supply part of the work and erection part of the work has entrusted by it to M/s. Tata Construction and Project Ltd. (for short TCPL). TCPL in turn issued Tender Enquiry and awarded the work to M/s. Singh Construction Co., the complainant. According to the complainant after completing the work it demanded payment of the balance amount under the contract from TCPL. The appellants herein are the Managing Director and President (Operations) of TCPL. When the complainant failed to receive the payment for the work done, they filed a complaint on 11th January, 2001 under Sections 403, 406, 420 and 120-B, IPC at Bokaro. The concerned Magistrate took cognizance of the alleged offences and issued summons vide order dated 19-6-2001 to the appellants. The appellants challenged the said order by filing a Crl. M.P. No. 4780/2001 in the High Court of Jharkhand at Ranchi. The impugned order was passed by the High Court dismissing the said petition on 3rd May, 2002.