JUDGEMENT
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(1.)Leave granted.
(2.)Whether the charges under Section 406 IPC and the criminal complaint for criminal breach of trust for allegedly retaining the bill amount payable to respondent No.2 is liable to be quashed is the point falling for consideration in this appeal.
(3.)Payment of bill pertaining to the contract executed by the second respondent in Tilka Manjhi Bhagalpur University had a chequered history. Case of second respondent is that contract was entered into between him and K.S.S. College on 4.9.1990 for the construction of building of K.S.S. College, Lakhisarai, a constituent unit of Tilka Manjhi Bhagalpur University. According to second respondent, since money and requisite materials were not given to him in time, the work was not completed within stipulated period. The university vide letter dated 9.5.1995, informed the respondent No.2 that his contract is terminated and all his dues including final bill, earnest money and security deposit etc. will be released after consultation with the College Development Committee. The University Engineer vide letter dated 4.6.1996, addressed to the Principal of the college, informed that a payment of Rs.48,505/- is payable to the contractor; but the respondent No.2 was not paid the aforesaid bill amount.
Finally, the respondent was paid Rs.14,000/- vide cheque No. EMGCO-OP.Z No. 0127627, as per the direction of the College Development Committee and balance amount of Rs.34,505/- was not paid to him. Aggrieved by the said non-payment of entire amount, respondent No.2 filed a criminal complaint case No.196-C/1997 in the Court of Sub Divisional Judicial Magistrate, Lakhisarai for criminal breach of trust, alleging that the amount of Rs.34,505/- was not paid to him and that the amount was utilized by the appellants in some other work.