HARI SHANKAR PRASAD, J. - (1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding in Complaint Case N6. C/1 -445 of 1997 dated 8th September 1997 including the order dated 22.9.1997 whereby and whereunder cognizance has been taken under Section 406/420 IPC.
(2.) FACTS leading to filing of this application are that Administrative Officer, Jamshedpur Cement Limited, Bistupur, Jamshedpur filed a complaint before the Chief Judicial Magistrate, Jamshedpur stating inter alia therein that petitioners are the Managing Director and Director of M/s Movers (India) Private Limited which is a company which engaged technology and advising clients in setting up cement plants and the company of the complainant was provided technology and material support for escalation of the works at Gamharia. It is further stated that there was an agreement and in terms of the agreement, as and when demanded by the petitioners, the complainant made an advance of Rs. 3.00 lakh by demand draft No. 635677, dated 26th March 1992 in favour of Movers (India) Private Limited on the State Bank of India, Bangalore, which was duly accepted and acknowledged by the petitioners. The petitioners acknowledged the receipts of Rs. 3.00 lakh and claimed that those amounts shall be adjusted against the provisions of Bill, but that was in utter violation in terms of agreement. It is further stated that the petitioners -accused persons deceitfully and fraudulently obtained the Demand Draft of Rs. 3.00 lakh as an advance and now forcing the complainant to accept adjustment against other bills which is violation of the implied contract and thereby the petitioners have misappropriated the sum trusted to them. It is further stated that a complaint was filed in the Court of Chief Judicial Magistrate, Jamshedpur which was transferred to the Court of Judicial Magistrate, 1st Class, Jamshedpur where the S.A. of complainant was taken and after inquiry under Section 202 Cr PC, cognizance in tills case was taken under Section 406/420 IPC. Learned counsel appearing for the petitioners submitted that the petitioners are innocent and have been falsely implicated in the case at the instance of complainant due to oblique reason. It is further submitted that the petitioners are the Managing Director and Director of M/s Movers (India) Private Limited working for gain at Basava Bhavan, High Ground, Bangalore. It is further submitted that pursuant to the certain preliminary talks and discussions between the officers of the petitioner 'scompany and complainant 'scompany, a joint meeting was held on 28th and 29th November 1991 with regard to the expansion of existing 100 tons per day capacity cement plant of M/s Jamshedpur Cement Limited to 200 tons per day (annexure -3). It is further submitted that pursuant to that agreement by the letter No. JCL/ EXPN/91 -92, dated 28th November 1991 issued by M/s Jamshedpur Cement Limited addressed to the petitioner 's company that the agreed amount payable and also terms and conditions of the said letter was signed by the Managing Director of the said M/s Jamshedpur Cement Limited (Annexure -40),
(3.) IT is further submitted that among the said terms and condition 'swith regard to the transportation of the goods under the said order and also payments, there was an agreement in between the parties which reads as under : "Items will be collected from your works on our own. Truck will be sent to your works on intimation of readiness of material. You will ensure full truck load accompanied by proper dispatch documents. 10% advance (5% along -with the order and 5% by mid January, 1992) 75% be received on prorate basis on confirmation of readiness of material at your works. Balance 5% will be released after successful commission -ing of the equipment." ;