PANKAJ AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. K.K. Mishra, learned A.P.P. No one appears on behalf of O.P. Nos. 2 to 8 in spite of valid service of notice.

(2.) In this application, the petitioner has prayed for quashing the order dated 14.5.2012, passed in Complaint Case (C.P.) No. 271 of 2012, by the learned Judicial Magistrate, Dhanbad, where by and where under complaint petition preferred by the petitioner was dismissed under section 203 Cr.P.C., 1973

(3.) A complaint was made by the petitioner being constituted power of attorney holder of M/s Prabhu Coke Manufacturing Company alleging therein that the accused persons had placed purchase orders with M/s Prabhu Coke Manufacturing Company and pursuant to the same, materials were supplied. It has been alleged that consignment of Coke worth Rs. 20,03,030.10 was sent to the accused. It has further been alleged that after much persuasion, payment was made on various dates to the tune of Rs. 5,02,089.00. It has been stated that two cheques were issued in favour of M/s Prabhu Coke Manufacturing Company and since the accused had instructed the bank to stop payment, as such when the complainant produced the cheques before the bank, it was returned with an endorsement "stop payment". It has been alleged that a legal notice was sent but since no steps were taken by the accused for making payment, a complaint was filed, which was registered as Complaint Case No. 271 of 2012.