DHANESH KODI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Nitin Kumar Pasari, learned counsel for the petitioners, Mr. Ranjan Kumar, learned counsel for the State and Mr. Sumit Prakash, learned counsel for respondent no.2.

(2.) This petition has been filed for quashing of the entire criminal proceedings in connection with Bankmore (Bhuli-OP) P.S. Case No.308 of 2022 registered under Sec. 406, 420 and 120B of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Dhanbad.

(3.) The FIR was lodged alleging therein that the informant is the owner of M/s M.A. Construction engaged in the construction work of Water Treatment Plant and related works. The construction work of the Water Treatment Plant at Jamadoba and Sindri, PHD Division-1, Dhanbad under INNURM Work of Government of Jharkhand was awarded to M/s Larsen and Toubro Construction and Mining Machinery, Dhanbad which was initially off- loaded to M/s Patel Filters Infrastructure. M/s Patel Filters Infrastructure engaged M/s M.A. Construction for the said construction as a sub- contractor, the reason being that M/s Patel Filters Infrastructure was not being able to complete work within the schedule time. To that effect, Minutes of Meetings (referred to as MOU in the FIR) has been signed between the parties and all the signatories of the Minutes of Meetings agreed that the payment of retention amount and hydro-testing will be made by Larsen and Toubro Construction and Mining Machinery, Dhanbad, after completion of construction work. It was further alleged that the Project Manager of Larsen and Toubro Construction and Mining Machinery, Dhanbad, Mr. Dhanesh Kodi gave his assurance that as per the Minutes of Meetings agreement, payment of retention amount and hydro-testing shall be made to M/s M.A. Construction. But after completion of the construction work to the satisfaction, payment of the retention amount and hydro-testing to the tune of Rs.44,30,579.00 which has to be paid after completion work was not paid to the informant, in spite of having made several requests by way of letters, e-mail, phone calls. Thereafter, the informant requested M/s Patel Filters Infrastructure for payment of the retention amount, but they denied and told that as per para 3 of Minutes of Meetings, it was agreed that the retention amount has to be paid by Larsen and Toubro Construction and Mining Machinery, Dhanbad. Then, the informant sent a legal notice to M/s Larsen and Toubro Construction and Mining Machinery, Dhanbad through his lawyer for payment of the amount, but instead of paying the money, M/s Larsen and Toubro Construction and Mining Machinery, Dhanbad in its reply dtd. 13/6/2022 had denied the liability of Rs.44,30,579.00 and stated that no such agreement has been made. On the contrary, M/s Larsen and Toubro Construction and Mining Machinery, Dhanbad has threatened legal action against opposite party no.2 company. Again, a reminder notice dtd. 1/8/2022 was sent to M/s Larsen and Toubro Construction and Mining Machinery, Dhanbad giving 7 days more time, but there was no reply. Based upon which allegation of commission of an offence under Sec. 406, 420 and 120B of the Indian Penal Code, Bankmore (Bhuli-OP) P.S. Case No.308 of 2022 was registered on 30/11/2022 against the petitioners.