AJIT KUMAR PATNI, SON OF LATE DHARAM CHAND PATNI, RESIDENT OF 33, CHITRANJAN AVENUE, 1ST FLOOR, KOLKATA, P.O. AND P.S. KOLKATA, DISTRICT Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In this petition, filed under Sec. 482 Crimial P.C., the petitioners pray for quashing the First Informant Report in connection with Govindpur P.S. Case no. 116 of 2015 dated 20.3.2015, corresponding to G.R. No. 1321 of 2015 registered for commission of offence under Sections 406, 420, 120B and 34 of the Indian Penal Code.

(2.) The First Informant Report, at the instance of the informant, has been lodged alleging therein that the informant is the partner of Raj Coke and Coal Processing, Works at Tundi Road, Govindpur, Dhanbad. These petitioners along with other co-accused came to the office of the informant and introduced themselves as Directors of Maa Sherawali Ispat Private Limited and requested him to supply coal on credit against purchase order. The informant first hesitated to supply coal, but later on, he agreed to supply coal on credit. It is alleged that from Aug. 2013 to Nov., 2013, the informant supplied coal valued at Rs.75,70,946.00 on credit against different purchase orders. It is also alleged that after demands and pressure, the petitioners, out of Rs.75,70,946.00, paid a sum of Rs.47,54,177.00 to the complainant. Thus Rs.28,16,769.00 is still lying with the petitioners. On repeated request, a cheque of Rs.28,16,769.00 was issued on 24.6.2014, but the same was dishonoured with endorsement payment stopped by the drawer . On this cause of action, an FIR under Sections 406, 420, 120-B and 34 Penal Code was lodged.

(3.) The counsel for the petitioners submits that even taking the allegation against the petitioners in the FIR to be true, no offence under Sections 406, 420, 120B and 34 Penal Code is made out. He further submits that from perusal of the FIR, it is quite clear that there was a business relationship between the parties and the materials, were given on credit. He also submits that some amount fell due for which, a criminal proceeding cannot be initiated. He lastly submits that the registration of the FIR and investigation of the same, amounts to an abuse of the process of court.