R.R.PRASAD, J. - (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the opposite party no.2.
(2.) INITIALLY this case was filed for quashing of the FIR of Chandrapura P.S. case no.77 of 2008 instituted under Sections 406 and 420 of the Indian Penal Code. Subsequently, on submission of the charge sheet, cognizance of the offences punishable under Sections 406 and 420 of the Indian Penal Code was taken, vide order dated 28.10.2009. That order was also challenged. The case of the complainant is that the complainant, a company, namely, Power Mach Project Private Limited entered into a contract with BHEL for executing certain work. On work being awarded, the complainant entered into an agreement with M/s. Sagar Enterprises to which the petitioner is the proprietor for supplying labourers for executing the work. In course of execution of work, whenever money was required it was given when promises was made that whenever money would be paid of other works, it would be returned. Accordingly, it was given by the complainant under receipt time to time and thereby a sum of Rs.14,14,527/ - was given but the petitioner thereafter stopped supplying labourer and left Chandrapura where the work was being executed.
(3.) FURTHER it has been alleged that earlier also the petitioner had taken a sum of Rs.11,45,714/ - which he never returned. In spite of repeated request being made for returning the money, when it was not returned a complaint was lodged as Complaint Case No.71 of 2008. The said complaint was sent before the concerned police station under Section 156(3) for its institution and investigation. Accordingly, Chandrapura P.S case no.77 of 2008 was registered under Sections 406 and 420 of the Indian Penal Code.;