PRASHANT KUMAR, J. - (1.) IN both the applications, Petitioners prayed for quashing the entire criminal prosecution in connection with Complaint Case No. 507 of 2006 pending in the Court of Judicial Magistrate. 1st Class, Ranchi. Petitioners further pray for quashing the order dated 20.6.2006 whereby and whereunder learned Court below took cognizance of the offence under Sections 417 and 406 of the IPC.
(2.) AS both the cases arose from same complaint petition and similar points have been raised for determination, therefore, they are heard together and are disposed of by this common order. Equivalent Citation:2009 -JX(Jhar) -0 -1154 The case of complainant in brief is that the RITES Ltd. had obtained a contract for consultancy and project management services for overhead transmission line in the State of Jharkhand. It is further stated that the RITES Ltd. awarded sub -contract of the Ramjee Structures Pvt. Ltd. (complainant) to undertake the work. It is further stated that as per the agreement between complainant and RITES Ltd., the complainant is required to furnish a Bank guarantee of Rs. 1,81,250/ - towards security deposit and is further required to furnish another Bank guarantee of Rs. 1,25,000/ - in lieu of mobilization advance. It is further alleged that in view of the condition of agreement, Petitioners furnished two Bank guarantees of Rs. 1,81,250/ - and Rs. 1,25,000/ - and deposited the same with Mr. A.K. Chopra, General Manager (RE), RITES Ltd. at Gurgaon. It is further stated that in terms of the contract, the complainant further handed over three mobile phones and also paid Rs. 3,000/ - to these Petitioner for connection of mobile sets with stipulation that the same will be returned to the complainant after completion of the work. It is alleged that even after furnishing of the Bank guarantee, the RITES had not released the mobilization advance, though several requests have been made in that regard. It is further stated that ultimately on the direction of Mr. A.K. Chopra, General Manager (RE), RITES Ltd. and Mr. B.K. Agrawal. Managing Director. RITES Ltd., Petitioner Bimal Prasad rescind the agreement. It is further alleged that thereafter on 26.9.2005 and 19.1.2006 the aforesaid two Bank guarantees were invoked by the RITES Ltd. and they encashed the said amount. It is also alleged that after rescind of contract, the complainant requested the Petitioners for returning of the mobile sets and Rs. 3,000/ - but the accused persons declined to return it. Accordingly, the present complaint filed for prosecuting RITES Ltd. and accused Nos. 1 to 4 including the Petitioners for offences under Sections 406 and 417 of the IPC.
(3.) IT appears that after enquiry, learned Judicial Magistrate took cognizance of the offences and directed to issue summon to the Petitioners and RITES Ltd. Against that the present application has been filed.;