J.J.IRANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Cr. M.P. has been filed for quashing the order dated 19.6.2001, whereby and whereunder, cognizance of the offence under Sections 403, 406, 420 and 120 -B of the Indian Penal Code has been taken against the petitioner by the C.J.M. Bokaro in C.P. Case No. 11 of 2001.

(2.) THE brief fact appearing from the complaint is that Bokaro Steel Plant, a unit of Steel Authority of India Limited (for short SAIL) awarded a contract to M/s. Tata Iron and Steel Co. Ltd. (for short, TISCO), Growth Shop for certain works. TISCO Growth Shop completed supply part of the work and erection, part of the work was entrusted by it to M/s. Tata Construction and Projects Ltd. (for short TCPL). It is disclosed that TCPL in turn issued tender enquiry and awarded the work to M/s. Singh Construction Co., the complainant. It is alleged that after completion of the work the complainant demanded payment of the balance amount under the contract from TCPL. But the accused Nos. 2 and 3, the then Managing Director and President of TCPL have failed to clear the dues, when the complainant did not receive the payment for the work done by him, he felt himself cheated and lodged this complaint. After holding the enquiry, the petitioner and other accused were directed to face trial for offences punishable under Sections 403, 406, 420 and 120 -B, IPC.

(3.) ON the other hand learned counsel appearing for the complainant -opposite party No.2 has opposed the prayer and submitted that TCPL is non -else but a firm created by TISCO Ltd. of which the petitioner was the then Managing Director. He has also pointed out that the contract money was received by TISCO Ltd. from SAIL and therefore the petitioner cannot escape from the liability.