N SRINIVAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Dhanbad (Bank More) P. S. Cas e No. 1244 of 2014 which has been registered for the offences punishable under Section 420 of I.P.C.

(2.) A written report was submitted by the opposite party no. 2 in which it was alleged that for the purposes of production of solar energy, machines were purchased from the firm of the petitioner for which the necessary amount was paid. The machines/instruments were installed by the petitioner in the business premises of the opposite party no. 2. Subsequently, it was detected that the machines so supplied were of inferior quality and although request was made to the petitioner to take back the machines, no response was given from the side of the petitioner. It has therefore been alleged that an amount of Rs. 27,90,000/- was received by the petitioner, but the machines supplied were of inferior quality which resulted in an offence of cheating committed by the petitioner. Based on the aforesaid allegations, Dhanbad (Bank More) P. S. Case No. 1244 of 2014 was instituted.

(3.) Heard Mr. A. K. Sahni, learned counsel for the petitioner and Mr. Arun Kumar, learned counsel appearing for the opposite party no. 2.