R.R. Prasad, J. - (1.) BEFORE the case was taken up for hearing, it was pointed out by Mr. Sahani that in this case he has been appearing on behalf of the Opp. Party No. 2, but in the order dated 25.11.2011, his name was wrongly recorded as counsel for the petitioner. It does appear that perhaps on account of inadvertence, the name of Mr. Sahani has been recorded against the name of the petitioner, in fact, his name should have been recorded against the name of the Opp. Party No. 2 on merit.
(2.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the Opp. Party No. 2. This application has been filed for quashing of the entire criminal proceeding including the order dated 19.9.2006 passed in Complaint Case no.197 of 2005 whereby and whereunder cognizance of the offences punishable under Sections 406 and 420 of the Indian Penal Code has been taken against the petitioner and others.
(3.) THE complainant lodged a complaint case bearing C.P. No. 197 of 2005 stating therein that he had been awarded work by South Eastern Railway for construction of Spur & Guide Bund on left bank of river Koel. On getting work order, the complainant approached the Regional Area Manager of M/s International Tractors for providing hydraulic tractor, dozer and other such machinery/equipments, who agreed to supply the same on payment of Rs. 27,45,372/ -. M/s. Ashok Leyland Finance Limited on the request of the complainant, agreed to finance the complainant and thereby the payment of the amount was directly made to Sonalika International but the dealer never supplied tractor, dozer and other equipments in time, as a result of which, man force which was mobilized by the complainant remained sitting idle and thereby the complainant incurred heavy loss.;