S. SURESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners seek quashing of the order, dated 17.05.2017, passed by learned Additional Chief Judicial Magistrate V, Begusarai, in Complaint Case No. 1079C of 2017, whereby a petition on behalf of the petitioners, under section 245 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), for their discharge has been rejected.

(2.) I have heard learned Counsel for the petitioners, learned Counsel appearing on behalf of the respondent no. 2 and learned Additional Public prosecutor representing the State of Bihar.

(3.) The case of the prosecution, as narrated in the complaint petition, is that the complainant is a partner of M/s M. B. Construction Company, having its office at Daniapur, Teghra, Begusarai. It is alleged that the complainant's firm had negotiated with the Project Managers of different projects mentioned in the complaint at Teghra for execution/construction of building and other project works and thereafter works were started on different sites and the complainant had started receiving payments on submission of bills. It is also the case of the complainant that during negotiation, the Project Managers had communicated to the complainant that 5 per cent of the total bill amount will be retained and after finding the works satisfactory, the entire retention amount would be released by the accused persons. it is also alleged in the complaint petition that the complainant thereafter approached the accused persons to clear his retention amount, but even after furnishing No Objection Certificate from the work site, the retention amount of Rs. 34,47,971/- was not released.