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2024 Supreme(Pat) 236

CHANDRA SHEKHAR JHA
Gyan Singh, S/o. Late Kishan Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Alok Kumar @ Alok Kr. Shahi, Mrs. Archana Shahi.
For the Opposite Party : Mr. Jharkhandi Upadhyay, APP., Mr. Madhuranand Jha, APP.

JUDGMENT :

Chandra Shekhar Jha, J.

The present application has been filed under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) for quashing the order dated 20.07.2013 passed in Complaint Case No.2846(C) of 2012, whereby the learned Chief Judicial Magistrate, Begusarai has taken cognizance against the petitioner for the offence punishable under Section 420 and 406 of the Indian Penal Code (for short ‘IPC’).

2. In brief, case of complainant speaks through complaint that the petitioner, who is the Director of M/s. Harji Engg. Pvt. Ltd. approached the complainant in her branch office at Bhagalpur to supply welding electrodes. The company of the petitioner was working at NTPC, Kahalgaon and after oral agreement and signature over the pad of the firm, the complainant started supplying the petitioner welding electrodes at NTPC, Kahalgaon site on 14.06.2006 till 06.07.2007 for which a bill was raised for Rs.21,13,513/-. It is further alleged that as per agreement, the petitioner was to pay 24% interest per annum if the amount was not paid within 30 days from the date of receipt of the goods. The complainant was paid Rs.5 lacs from 23.09.2008 to 28.04.2012 and therefore th

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