SANJAY JAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Nilesh Kumar, learned counsel for the petitioner and Mrs. Neha Pandey, learned counsel for the State and Mr. Kumar Amit, learned counsel for the No. 2.

(2.) This petition has been filed for quashing of entire criminal proceeding in connection with Dhansar P.S. Case No. 0148 of 2021 registered for the offences under Sec. 406, 420, 467, 468, 469, 471, 504, 506, 34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Dhanbad.

(3.) The First Information was lodged alleging therein that the petitioner being official of M/s Prakash Industries Limited along with other officials/co-accused approached the complainant at his office in a pre-planned manner to cheat the complainant. It is alleged that the petitioner and other officials allured the complainant's Firm Lucky Coke Industries to supply the coal at the factory at Champa, Jangir, Chattisgarh and further committed to make the payment within 30 days from the date of delivery but the complainant refused. But as there were past dues, hence, the petitioner and other officials promised to clear the past dues as soon as possible and further assured that after issuing purchase orders the payment shall be made within 30 days. It is further alleged that after taking the complainant into confidence 3 purchase orders in the month of August, September and October were issued and the coal worth Rs.2,21,85,307.00 was got supplied as per the purchase order but no payment was made as per the commitment and as per the account the complainant has been cheated of Rs.2,06,22,195.00 and on asking for the payment the complainant has been threatened of dire consequences.