JAGDEEP SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ananda Sen, learned counsel appearing on behalf of the petitioner, Mr. R. N. Roy, learned Government Pleader No. III, appearing on behalf of the State of jharkhand-respondent No. 1 and Mr. Manish Kumar, learned counsel appearing on behalf of respondent No. 2.

(2.) Prayer in the instant writ petition is for quashing the entire criminal proceedings including the order taking cognizance dated 13th May, 2009 passed by Shri Arvind Kumar No. II, Judicial Magistrate, Jamshedpur in C/ 1 Case No. 2245 of 2008. The cognizance is taken for an offence under section 420 of the Indian Penal Code. The complaint is annexed as Annexure 1 and the order taking cognizance and summoning the accused dated 13th May, 2009 is Annexure 2 to the writ petition.

(3.) Learned counsel has placed the entire complaint. There was certain agreement between the petitioner and the first informant-respondent No. 2 for supply of M. S. Foundation Bolt on credit. The allegation is that accused No. 1, Manager of M/S United Engineering Company, a proprietorship firm, entered into an agreement for supply of the material on payment of cost. Paragraph 4 of the complaint specifically mentions that Rs, 1,00,000/- (Rupees One Lac) was paid on 6th august, 2008 by cheque and after supply of M. S. Foundation Bolt, the accused persons, sent another cheque of Rs. 89,999.91 Paise on 10.10.2008. The second instalment of payment was part payment of the total dues of Rs. 2,53,658,38 Paise, The accused declined to make a complete payment on the ground that the material supplied was short and, accordingly, they are not required to pay, hence the complaint was filed.