- (1.) HEARD learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned counsel for the State.
(2.) THIS application has been filed under Section 482 Cr.P.C. for quashing of the entire criminal proceeding of Complaint Case No. 2213 of 2008 including the order dated 20.2.2009 whereby and whereunder the then Judicial Magistrate, 1st Class, Jamshedpur took cognizance of the offence punishable under Section 422 of Indian Penal Code against the petitioners. It is the case of the complainant that petitioner no. 1 -proprietor of M/s Goel Roadways to which petitioner no. 2 is an employee, were engaged in the business of transporting the materials of different companies by hiring the trucks and trailers from the market. On 8.1.2007 the accused persons approached the complainant to give his truck on hire to transport material to its destination. On giving assurance that they would give some amount in advance and balance would be paid after transportation of the materials, the complainant transported the materials of the accused persons to its destination whereby the accused persons paid a sum of Rs. 38,93,500/ -only in advance but made a promise that payment of balance amount of Rs. 14,96,824/ -would be made later on. Out of said amount, a sum of Rs. 11,09,256/ -was paid but rest amount of Rs. 3,87,568/ -was not paid in spite of several demands being made.
(3.) ON such allegations, a complaint was filed putting allegation that the accused persons committed offence under Section 420 of Indian Penal Code. The matter was taken up for inquiry. After holding inquiry, the court did find the prima facie case to be true and took cognizance of the offence under Section 422 of Indian Penal Code vide its order dated 20.2.2009 which is under challenge.;