Rongon Mukhopadhyay, J. - (1.) HEARD Smt. J. Mazumdar, learned counsel on behalf of the petitioners, Sri. Vikash Kishore, learned counsel for the State as well as Sri. Navneet Sahay, learned counsel appearing on behalf of the opposite party No. 2.
(2.) IN this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with Bistupur P.S. Case No. 192 of 2001 corresponding to G.R. No. 1636 of 2001 including the order dated 13.03.2002 passed by the learned Chief Judicial Magistrate, Jamshedpur by which cognizance has been taken for the offence under Sections 467, 468, 406, 420 and 120(B) of the Indian Penal Code. The prosecution story as would appear from the written report submitted by the opposite party No. 2 is that, the petitioner No. 1 does business in the name and style of M/s. Prakash Steels, Adityapur Industries, Dhananjay Credit Commercial (P) Ltd. and OSS Steelux (P) Ltd. and his brothers - petitioner Nos. 2 and 3 are also involved in the business of the said firm. It was alleged that the firm of the complainant namely, A.S.L. Enterprises Ltd. is a marketing agent for TISCO Ltd. and the petitioner No. 1 and his brothers approached the said firm and gave 4 cheques totalling Rs. 27.50 lacs on various dates between 23.03.2001 to 23.07.2001 and on the basis of the aforesaid cheques induced the firm to instruct TISCO Ltd., Sales Office, Jamshedpur to supply HR Coils, Slabs, Bar Plates amongst other products for a total sum amounting to Rs. 200/ - lacs approximately. It was also alleged therein that since the cheques were kept by TISCO as a security, the same were handed over to TISCO which were deposited and all the cheques bounced and TISCO has proceeded for recovery of money from the firm of the complainant. It has been alleged further that the petitioner No. 1 and his brothers evaded contact and it was roughly estimated by the complainant that more than Rs. 4 crores has been misappropriated by them.
(3.) AFTER investigation, charge -sheet was submitted against the petitioners and thereafter vide order dated 13.03.2002 passed by the learned Chief Judicial Magistrate, Jamshedpur cognizance was taken for the offences under Sections 467, 468, 406, 420 and 120(B) of the Indian Penal Code.;