D.G.R.PATNAIK, J. - (1.) THE instant application has been filed by the petitioner, Baleshwar Paswan for quashing the impugned order of cognizance dated 24.10.2002, and the entire criminal proceedings initiated, pursuant to the aforesaid order of cognizance vide G.R. Case No. 1022 of 1996, corresponding to Bokaro (Chas) P.S. Case No. 187 of 1996 for the offences under Sections 406, 409, 467, 468, 471 and 120B of the Indian Penal Code, presently pending in the court of the learned Chief Judicial Magistrate, Bokaro.
(2.) THE impugned order of cognizance and continuation of the proceedings against him has been challenged by the petitioner on the ground that the order was passed without application of judicial mind and continuation of the proceedings against him is an abuse of the process of the court. The case was originally registered at the Chas Police Station on the basis of an F.I.R. lodged by the petitioner himself against the proprietor of one Shaw Cement Agency. It was alleged in the F.I.R. that the proprietor of the Shaw Cement Agency had failed to supply 20 Metric Tonnes of 10 MM TOR -Rods, despite having received a sum of Rs. 2,80,000/ -, being the price of the materials already paid to him as back in the year 1995 -1996. A copy of the written instructions of the Superintending Engineer, National Highway Circle, Dhanbad and that of the Executive Engineer, National Highway Division No. 2 and that of the Junior Engineer, was attached to the F.I.R. It was explained in the F.I.R. that in the year 1990 -1994, the Ministry of Surface and Transport, Government of India, had sanctioned the estimate for widening and strengthening and construction of minor bridges on the National Highway No. 23, Chas -Ramgarh Section and for the execution of the work, cement and Tor Rods of different sizes was to be obtained by the Department. Quotations was invited and the quotation of M/s. Shaw Cement Agency, Bye -pass, Road, Chas was approved by the Superintending Engineer, National Highway Circle, Dhanbad on 20.02.1996 and the supply of the TOR -Rods was to be made by the dealer till 31.03.1996. On submission of the proforma invoice by the aforesaid supplier on 20.02.1996 and 26.02.1996, the Junior Engineer made an entry in the Measurement Book and submitted a verification Report on the basis of verification of the materials in the Godown of the supplier. Counter signature of the petitioner was obtained on the Report. The first Bill dated 20.02.1996 for a sum of Rs. 1,98,260/ -, was sanctioned for payment by the Executive Engineer on 29.02.1996 against which the supplier had supplied the Steel Rods. Further sanction for payment of the Bill amount of Rs. 4,76,000/ - was also made by the Executive Engineer on 14.03.1996 and the entire amount was paid to the supplier by the Office of the Executive Engineer, through Cheques, but though the payment was received, the supplier had made a part -supply of the Steel Rods and had failed to supply 20 MT of TOR Rods of 110 MM dia -meters, worth Rs. 2,84,000/ -. The matter was reported by the Junior Engineer in the month of July, 1996 to the Executive Engineer, National Highway, Junior Division, Dhanbad and the same was conveyed to the Superintending Engineer, National Highway Circle, Dhanbad, who in his turn directed the Executive Engineer to institute a case against the supplier. The Executive Engineer instructed the petitioner to institute the case against the supplier and in compliance with the direction, the petitioner obtained a Report from the Junior Engineer on 18.08.1996 and lodged the F.I.R. at the Chas Police Station on 19.08.1996 against the proprietor of M/s. Shaw Cement Agency.
(3.) THE case was investigated by the Police, who eventually submitted chargesheet on 25.02.1997 against the proprietor and representative of M/s. Shaw Cement Agency, namely, Pradeep Shaw and Manoj Shaw, though the investigation against the other co -accused persons had continued. A supplementary chargesheet was filed on 31.03.2001 by the Police against three more persons, including the present petitioner, though he was the informant of the case and on the basis of the chargesheet, the learned Chief Judicial Magistrate, Bokaro proceeded to take cognizance for the offences under Sections 406, 409, 468, 471 and 120B of the Indian Penal Code against the petitioners and the other co -accused persons.;