SUJIT SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Dhananjay Kumar Pathak, the learned counsel appearing on behalf of the petitioner, Mr. Jitendra Pandey, the learned counsel appearing on behalf of the respondent State and Mr. Ajay Kumar Sah, the learned counsel appearing for the O.P.No.2.

(2.) This petition has been filed for quashing of the entire criminal proceeding in connection with C/1 Case No.3926 of 2010 registered for the offence under Sec. 420/406 of the IPC, pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur. The order taking cognizance dtd. 4/5/2011 is also under challenge in this petition.

(3.) The O.P.No.2 has filed the complaint case alleging therein that the complaint case filed by the O.P.No.2 wherein it has been alleged that the O.P.No.2 being engaged in business of supplying Ferro Alloys, Minerals, chemicals and carbon products to its various customers had supplied various articles on verbal order placed by the petitioner in between 28/7/2006 to 31/7/2008. It has been further alleged that the petitioner used to make part payment of the amount on the basis of bill submitted by the complainant from time to time and a sum of Rs.6,97,333.70 has remained outstanding and payable by the petitioner. It has been further alleged that O.P.No.2 requested the petitioner several times, both on telephone and in writing to make payment of the aforesaid outstanding amount but the petitioner on each occasion used to avoid payment on one pretext or the other. The O.P.No.2 has also sent registered letter dtd. 31/12/2009 as well as legal notice dtd. 16/6/2010 however, the petitioner did not pay the outstanding amount of Rs.6,97,333.70. Lastly it has been alleged by the O.P.No.2 that on receipt of the legal notice the petitioner telephonically requested him not to lodge any case and give at least four months' time for payment of the due amount, however, even after more than six months, no payment has been made, and hence the complaint case.