- (1.) By Court. Nobody appeared on behalf of the opposite party no. 2. Heard learned counsel for the petitioners and learned counsel for the State.
(2.) This application is directed against the order dated 7.4.1998 passed in C-1 Case No. 192 of 1998 by the then Chief Judicial Magistrate, Jamshedpur whereby and whereunder, cognizance of the offence under Section 40G read with Section 34 of Indian Penal Code has been taken against the accused person's including these petitioners.
(3.) It does appear that the complainant lodged a complaint against Indian Steel and Wire Products Ltd., Jamsbedpur as well as against these petitioners, who happened to be the General Manager (Works), Vice Presided! (Corporate) and Senior Manager (Marketing and Sales), as also against the Chairman and Managing Director of the said Company alleging therein that the complainant company appointed Indian Steel and Wire Products Ltd.. Jamshedpur as conversion agent for converting billets into wire (sic) on payment of conversion charges by the complainant-company but the complainant company started supplying bullets for converting the same into wire rods and it supplied 9,500.958 Metric Tones till 1.4.1997. Thereafter front April - May, 1997 to 21.2.1998 the quantity, which was supplied to the complainant -company, was 26,548.230 Metric Tones but the wire rods converted out of the billets as 1.4.1997 was only to the extent of 1,494.960 Metric Tones. Thereafter the accused-company stopped supply finished wire rods. Thus, if has been alleged by the complainant-company that the total billets, which were supplied to the accused company, were to the extent of 29,255.55 Metric Tones, but the total stock of billets and wire rods on the date of inspection was found to be 5,778.407 Metric Tones and 5,054.052 Metric Tones respectively and that apart, 350.910 Metric tones and 6,330 Metric Tones of wire rods had been supplied after 21.2.1998 be the date on which verification was made and thus, the accused-company misappropriated billets / wire rods to the extent of 10.475.219 Metric Tones worth Rs. 12,06,41,632.03/-.;