Amareshwar Sahay, J. - (1.) Heard the parties.
(2.) In this application the peti-tioners have challenged the order dated 24/7/2003 in Complaint Case No. 461 of 2003 taking cognizance for the offences under Section 420, IPC against the petitioners after finding prima facie case on the basis of a private complaint and the enquiry made under Section 202, Cr.P.C. and also for the entire criminal prosecution.
(3.) A complaint petition was filed by O.P. No. 2 Avery India Limited before the Chief Judicial Magistrate at Jamshedpur against the petitioners, which was registered as C/i Case No. 461/2003. In the complaint petition it was alleged that the complainant was having a registered office at Calcutta and its Depot at Golmuri, Jamshedpur. The accused petitioner No. 1 is a company engaged in steel business and the accused petitioner Nos. 2 to 4 are its directors. In the year 1998, the accused persons (petitioners herein) approached the complainant company for purchase of one Electro Mechanical Weigh Bridge and then on 16/6/1998 an order to that effect was placed for supply of the said weigh bridge at a price of Rs. 7,10,996.00. In terms of the purchase order an advance of Rs. 61,000.00 was paid by the accused persons to the complainant. The weigh bridge was delivered at the site of the accused persons in September 1998, along with the invoice dated 29/8/1998 for the balance amount of Rs. 5,34,996.00. On receipt of the weigh bridge, the accused persons claimed dissatisfaction regarding the quality of Girders which were supplied as a part of the weigh bridge and as such they refused to release the balance amount of money. It is stated that the complainant company duly replaced the TGirders with a new set, with stipulation that the old Girders would be returned to the complainant. Subsequently, the weigh bridge was commissioned and was handed over to the petitioners on 20/4/2001. It is further alleged that inspite of commissioning and receiving the weigh bridge in satisfactory condition, the accused persons failed and neglected to pay the balance amount of Rs. 5,34,446.00. Thereafter the complainant served a demand notice but the accused persons did not pay the balance amount to the complainant and, accordingly, the complaint petition was filed.;