R.R. Prasad, J. - (1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the opposite party no.2.
(2.) This application has been filed for quashing of the entire criminal proceeding of Complaint case bearing C-1 case no.1972 of 2011 including the order dated 1.9.2011 whereby and whereunder learned Judicial Magistrate, 1st class, Jamshedpur took cognizance of the offences punishable under Sections 406, 420 of the Indian Penal Code.
(3.) The case of the complainant is that the Company known as Adhunik Alloys & Power Ltd.(petitioner no.1) through its Managing Director Manoj Kumar Agarwal, petitioner no.2 entered into an agreement with the complainant's firm known as M/s. Days Constructions Company whereby complainant firm agreed to do the work of fabrication and erection of structural steel work, erection and commissioning of equipments related to TPH coal washery plant and ash solo, shut down jobs for kiln I and kiln II. That job was accomplished and then the complainant's firm raised a bill amounting to Rs. 64,29,919.58. As against that, only a sum of Rs. 3 lacs was paid. Rest of the amount was never paid in spite of repeated requests and thereby it was alleged that the accused persons fraudulently deceived the complainant by not making payment of rest of the amount.;