R.R.PRASAD, J. - (1.) HEARD learned counsel appearing for the petitioner, State and learned counsel appearing for the Opp. Party No. 2. This application has been filed for quashing of the entire criminal proceeding of C.P. Case No. 287 of 2010 including the order dated 23.09.2010 passed by learned Sub Divisional Judicial Magistrate, Dhanbad whereby and whereunder, learned Sub Divisional Judicial Magistrate, took cognizance of the offences punishable under Sections 406/420 and 120B of the Indian Penal Code against the petitioner.
(2.) THE case of the complainant, as has been made out in the complaint petition, is that the complainant -a proprietor of M/s M.K. Refractories, situated at Kumhardhubi, Chirkunda, Dhanbad, which manufactures fire bricks, supplied fire bricks to M/s VSS Electro Cast Pvt. Ltd. wroth Rs. 9,41,729.28/ - but the said company never made any payment to the complainant on one pretext or other. Instead of making payment of the amount due to be paid to the complainant, the accused persons, got the name of the company changed from M/s VSS Electro Cast Pvt. Ltd. to SRC Metalic Pvt. Ltd. whereby and whereunder the accused Nos. 1, 2 and 3 became the Directors and the Additional Director of the said SRC Metalic Pvt. Ltd. On such allegations of committing offence of cheating and misappropriation, a case was registered as C.P. Case No. 287 of 2010 under Sections 406/420 and 120B of the Indian Penal Code.
(3.) ON holding inquiry, the cognizance of the offences punishable under Sections 406/420 and 120B of the Indian Penal Code was taken against the petitioner. That order is under challenge.;