RAKESH KUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) R . Mukhopadhyay Heard Mrs. Leena Mukherjee, learned counsel for the petitioner and the learned counsel for the State. So far as the opposite party no. 2 is concerned, in view of non compliance of order dated 12.08.2008, the case against O.P. No. 2 stood rejected on 9.8.2008.

(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Bistupur P.S. Case No. 242 of 2000, corresponding to G.R. Case No. 2003 of 2002 including the order dated 24.1.2001, passed by the learned Chief Judicial Magistrate, Jamshedpur, whereby and whereunder, cognizance has been taken for the offence under sections 406 and 409 of the Indian Penal Code.

(3.) THE prosecution story as would appear from the First Information Report instituted by one Suresh Garg is to the effect that the informant, who is the proprietor of S.S. Manukka Bhandar, Indore, had been in business terms with the petitioner, who is the proprietor of M/s Laxmi Zarda Store, Bistupur, Jamshedpur. It has been alleged that for the last few months prior to institution of the FIR, Rs.1,90,000/ - towards payment on account of materials supplied by the informant was due and for which the petitioner had admitted about the dues of Rs.1,40,000/ - by giving an undertaking. It is further alleged that the petitioner had undertaken to pay a balance amount of Rs.1 lac in 15 monthly installments but he paid only Rs.10,000/ - but never handed over the rest amount of Rs.1 lac.