Rongon Mukhopadhyay,J. - (1.) Heard Mrs. K.P. Choudhary, learned counsel for the petitioner and Mr. Sanjay Kumar Pandey, learned counsel for the State. No one appears on behalf of O.P. No. 2 in spite of valid service of notice upon him.
(2.) In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with P.C. Case No. 100 of 2011 including the order dated 20.12.2012, passed by learned Chief Judicial Magistrate, Saraikella, whereby and where under cognizance has been taken for the offence punishable under section 406 of the Indian Penal Code.
(3.) A complaint petition was filed by the opposite party no.2 herein, in which it was alleged that the complainant runs his business in the name and style of M/s Building Centre and deals in building material. It has been alleged that on 16.01.2008, the representative of the petitioner company had come to the business premises of the complainant and convinced to sell the products of the petitioner company. On being convinced and on believing the assurance given by the representative of the petitioner company that the complainant shall not have to suffer any business loss and all the grievances of the complainant will be redressed with respect to the business for the products, in which a security deposit of Rs. 21,000/- was taken by the petitioner company an agreement was also entered into on 30.10.2008, which was valid for a period of one year. It has been alleged that the accused-petitioner did not follow the terms and conditions of the agreement and that short billing amount of Rs. 18,242/- was made. It has also been alleged therein that there was intentional short supply of Rs. 19,944/- and although the same was informed to the petitioner company but no action was taken. It has also been alleged that on account of defective materials, short billing, short supply and refundable security deposit, the Company was approached on several occasions but the grievance of the complainant was not redressed, as a result of which, P.C. Case No. 100 of 2011 was filed.;