- (1.) Heard the parties. This application has been filed for quashing of the entire criminal proceeding of Complaint Case bearing C/1 Case No. 1532 of 2006 including the order dated 8.6.2007 whereby and whereunder, cognizance of the offences punishable under Sections 406, 417, 418, 420 and 426 of the Indian Penal Code has been taken against the petitioners.
(2.) Before adverting to the submission advanced on behalf of the parties, the case of the complainant needs to be taken notice of.
(3.) It is the case of the complainant that Stewards and Lloyds of India Limited, a Kolkata based Company, is registered with Tata Steel. The company used to take work for execution of various mechanical and civil work including erection, fabrication and dismantling of structure and building as required by the steel company. On getting such kind of job, the company awarded job to the complainant for dismantling of structures and building, transportation of store materials from one destination to another, transportation of debris, shifting of materials from one place to another. While the work assigned to the complainant was being done, the petitioner Nos. 2 and 3 in the capacity of the authority of the company asked the complainant verbally to do the work also other than the work assigned under the written order. The complainant did that and on completion of the job, the complainant submitted bills for Rs. 22 lakhs which was not paid in spite of legal notice being given. In such situation, there was no option for the complainant but to lodge a complainant which was lodged and was registered as C/1 Case No. 1532 of 2006 in which cognizance of the offences punishable under Sections 406, 417, 418, 420 and 426 of Indian Penal Code has been taken against the petitioners.;