BIJAN KUMAR DUTTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) W.P.(Cr.) No. 251/2008 filed on behalf of Bijan kumar Dutta, Project Coordinator (Technical & Logistic), Ramswarup Lohh Udyog Ltd. and W.P. (Cr.) No. 208/2008 filed on behalf of Ashish Jhunjhunwala accused no.1, Chairman cum Managing Director, Ramswarup Lohh Udyog Ltd. have been filed for quashing the F.I.R. and entire criminal proceeding arising out of Balidih P.S. Case No. 95/2006, corresponding to G.R.No. 1416/06.

(2.) A complaint was filed by respondent no.2 vide C.P. Case No. 605/2006 in the court of the Chief Judicial Magistrate, Bokaro. The learned C.J.M. sent the complaint under Sec. 156 (3) of the Crimial P.C. after that Bokaro Chas Balidih P.S. Case No. 95/2006 dated 18.12.2006 under Sections 403/406/420/468/120B/34 of the Indian Penal Code against the writ petitioners was registered.

(3.) The facts in brief is that there was a contract between the complainant's company and the company of the accused. The complaint's company was under obligation to supply articles as per the purchase order given by the accused company on certain terms and conditions. According to the contract, the company of the accused shall pay 25% of the purchase amount in advance and against that advance the complainant's company shall furnish bank guarantee. The Bank Guarantee shall remain in force till transaction against that purchase order get over. It is alleged that against an order, advance of 25% of purchase amount was paid to the complainant's company and for which Bank Guarantee was given in favour of accused company but in the meantime the accused company encashed the Bank Guarantee without giving information to the complainant's company. It is alleged that the company of the complainant after receiving purchase order had made arrangements for supply of materials as per purchase order but in the meantime the Bank Guarantee was encashed and those articles were left with the complainant's company causing loss to him. Since the accused persons committed breach of trust and encashed the Bank Guarantee without seeking consent from the complaint's company, they felt themselves cheated and filed this complaint.