M A UBAID Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition has been, filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 11.8.1994 passed by the learned Chief Judicial Magistrate, Ranchi, whereby and whereunder the cognizance for an offence under Section 420 of the Indian Penal Code was taken against the Petitioner alongwith some other employees of the Central Coalfields Ltd.

(2.) The case of the Petitioner is that he being the Chairman cum Managing Director of C.C.L. has no direct link with the allegation brought by the. complainant/opposite party No. 2 in his complaint petition in Complaint Case No. 255 of 1993.

(3.) The brief fact as revealed from the complaint petition is that the complainant/opposite party No. 2 being proprietor of M/s N.K. Singh had filed a tender for the purchase of Motor under Tender No. MSTC/ERO/CCL/91-92/T-4 and the tender on 16.3.1992 was opened at Calcutta. The complainant's tender was accepted for a valuable consideration of Rs. 1,01,905/- and the said amount was deposited to the Central Coalfields Ltd. by two Pay Orders dated 22.8.1992 of the two Banks through Bank of India and through New Bank of India, Ranchi respectively. The complainant took delivery of 12 motors on 16.10.1992 but to his utter surprise he could find that the Copper wire and other materials Inside the 6 motors out of 12 motors were totally missing. The complainant then wrote letter but the accused persons deliberately kept mum and had not supplied the missing materials of 6 motors, although full payment had already been taken. In the complaint petition, the Petitioner was impleaded as accused No. 2. After taking preliminary statement of the complainant, cognizance was taken and processes were issued and against that order this quashing petition has been filed.