PRAKASH CHANDRA MOHANTI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant petition has been filed for quashing the entire criminal proceeding along with order taking cognizance dtd. 27/3/2021 whereby cognizance has been taken for the offence under Ss. 406, 420, 506, 504 of the Indian Penal Code in connection with Jamtara P.S. Case No.173 of 2019 corresponding to G.R. No.201 of 2021.

(2.) The prosecution case, in brief, is that informant was the Director of R.S.S.G. Consortium Pvt. Ltd. which had entered into an agreement with Bajrangbali Transport Agency and jointly awarded contract on 23/12/2015 for loading of coal from Mahanadi Coal Fields Ltd to the tipper. The work place was situated under District Sundergarh, Orissa and in order to facilitate the execution of work, the informant entered with Prakash Chandra Mohanty (petitioner) in memorandum of understanding to monitor and supervise the work. He was also authorized to operate BBTA/RCPL(JV) current account in SBI Jamtara by agreement dtd. 16/3/2016. Thereafter he started supervising the work of informant.

(3.) It is alleged that the petitioner/accused on different dates, withdrew Rs.10,85,592.00 during the period 22/3/2018 to 11/9/2018. As a result, the work was adversely affected. Later, Rs.2,30,000.00 was paid to him but neither the work was completed nor amount was refunded. It is also alleged that the work was left midway half finished.