SAVITA LOHARIWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By way of present petition, petitioners are assailing the order dated 23.9.2010 passed by Sub-Divisional Judicial Magistrate, Dhanbad, in C.P. Case No. 287 of 2010 as well as entire criminal proceeding. Brief facts, inter alia, are that complainant-Respondent No. 2, has filed a criminal complaint under Section 200 Cr. P.C. in the Court of C.J.M., Dhanbad, with the allegation that M/s VSS Electro Cast Pvt. Ltd., 23 Netaji Sub-has Road, 2nd Floor, Kolkata, of which accused Nos. 1 and 4 were the Directors, persuaded the complainant-Respondent No. 2 to make supply of fire bricks on different dates. Fire bricks were supplied on different dates on the assurance of accused Nos. 1 and 4, the Director, M/s VSS Electro Cast Pvt. Ltd., that the payment would be released. Last supply was made on 9.4.2007. It is further alleged in the complaint that thereafter, M/s SRC Metallic Pvt. Ltd. was constituted and M/s SRC Metallic Pvt. Ltd. has accepted all the liabilities of M/s VSS Electro Cast Pvt. Ltd. and accused Nos. 1, 2 and 3 became new Directors of M/s SRC Metallic Pvt. Ltd. It is further contended in the complaint that although correspondence were exchanged between the complainant and accused persons for payment of the outstanding amount against the material supplied by the complainant to the accused. However, accused have given a deaf ear to the complainant. It has further been contended in the complaint that despite legal notice to the accused persons dated 23.12.2009, accused have not paid money to the complainant on false and frivolous reasons.

(2.) Learned Magistrate, vide order dated 23.9.2010, has directed to summon the accused to face the trial for an offence punishable under Sections 420/406/120B I.P.C.

(3.) I have heard learned counsel for the parties and have carefully perused the record.