Rongon Mukhopadhyay, J. - (1.) HEARD Mr. Rajiv Ranjan, learned counsel for the petitioner and Mr. Navnit Sahay, learned counsel for O.P. No. 2.
(2.) IN this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Bistupur P.S. Case No. 45 of 2013, corresponding to G.R. No. 430 of 2013 registered for the offence punishable under sections 406, 420, 418, 504 and 506 of the Indian penal Code. A complaint case was lodged on 29.1.2013 by the complainant -opposite party No. 2, which was numbered as Complaint Case No. 254 of 2013 and which was subsequently sent to the police by invoking the provisions under sections 156(3) of the Code of Criminal Procedure and pursuant thereto, Bistupur P.S. Case No. 45 of 2013 was instituted.
(3.) THE prosecution story, as would appear from the First Information Report, is that the informant had entered into an agreement with the petitioner company on 26.11.2009 and it was agreed that 5% of the whole value from each bill would be retained which will be paid after one year from the date of completion of the award. It has been alleged that the informant started doing the work as per the work order and completed the same within the stipulated period. It was further alleged therein that the value of the work was said to be Rs. 2.5 crores and therefore only a sum of Rs. 20 lacs could have been retained as per the agreement. It was also alleged therein that extra work to the tune of Rs. 10 lacs approximately was done and despite demands being made by the informant regarding payment of amount of Rs. 30 lacs, no heed was paid to the same and on 20.01.2013, the accused had threatened the informant resulting into filing of initially a complaint case but subsequently on reference under section 156(3) Cr.P.C. registration and institution of a First Information Report.;