MIDEAST INTEGRATED STEELS LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Cr.M.P. has been filed for quashing of the entire criminal proceeding including the order dtd. 7/5/2019 passed by learned J. M. 1st Class, Jamshedpur in Complaint (C/1) Case No.3290 of 2018 whereby summons has been issued against the petitioners after finding a prima facie case under Ss. 420, 406 and 120B of the Indian Penal Code.

(2.) Opp. Party No.2/complainant has a partnership firm in the business of trading and transporting of lime stone having its head office at Sonari, Jamshedpur while the petitioner No.1 is a company registered under the Companies Act, 1956 having its office at New Delhi. Petitioner No.2 is C.M.D. of the company and petitioner No.3 is the Director of the company. The office of petitioner Nos.2 and 3 is situated in Delhi.

(3.) It is alleged that on 22/5/2015, petitioner No.1 through other petitioners induced the opposite party No.2 to enter into a contract for supply lime stone lumps and in pursuance of it issued purchase order being No.MISL/DRM/ RMHS/2015000007 in the office of the opposite party No.2, situated at Sonari, Jamshedpur, for supply of 4000 MT of the grade 10-40 MM lime stones of the quantity worth Rs.67,00,000.00. The agreed mode of payment was 'material cost will be paid after 60 days from the date of issuance of R/R (Railway receipt)'. The Opp. Party No.2 accepted the said purchase order and accordingly supplied 3690.87 MT of lime stone as ordered by the accused persons worth Rs.64,92,862.55 from Paradip Port by railway rake under R/R No.211004807 on 21/7/2015 and the same was delivered at Kalinga Nagar site of the petitioners.