DHARAMBEER KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) In both these appeals the appellant challenges the judgement and order dtd. 5/12/2023 passed by the High Court of Jharkhand allowing the petition filed by the respondents under Sec. 482 of Code of Criminal Procedure, 1973 and the High Court of Jharkhand by impugned judgment quashed the summoning order dtd. 31/1/2022 as well criminal proceedings pending in the court of Judicial Magistrate in connection with Case No. 30 of 2019 corresponding to proceedings pending in court of Judicial Magistrate, 1st Class Palamau.

(3.) The appellant challenging the order impugned is the original complainant to an application under Sec. 156 (3) of Code of Criminal Procedure, 1973 against M/s SS Infrastructure Co and its Partners (Respondent No.2 - Santosh Kumar Choudha in SLP (Crl.) No. 1500/2024; Respondent No. 2 - Sandhya Choudha and Respondent No. 3 - Rajeev Choudha - in SLP (Crl.) No. 1660/2024). Accordingly, the said FIR No. 38 of 2019 came to be registered on 2/4/2019. In this said FIR it is alleged that the all the above mentioned respondents have committed offences under Ss. 384, 389, 406 and 420 r/w Sec. 34 and 120B of Indian Penal Code, 1860. The accusation was two-fold. Firstly: the complainant had worked as a sub-contractor and an amount due to him was not paid by the main contractor i.e. Respondent no.2 - Santosh Kumar Choudha. The second allegation is of more serious nature namely the Respondent No.2 - Santosh Kumar Choudha, was successful in obtaining the contract fraudulently by submitting forged and fabricated documents.