JUDGMENT :

Heard Mr. Dhanesh Relan, learned counsel for the petitioner assisted by Mr. Arindam Dey and Mr. Joshua Sheqi, learned counsels. Also heard Mr. T. B. Jamir, learned counsel for respondent No. 1 and Mr. V. Zhimomi, learned Public Prosecutor for respondent No. 2.

2. The present case has been instituted under Section 482 , Code of Criminal Procedure, 1973 (CrPC) by the petitioner praying for quashing of the complaint case being CR Case No. 12/2021 under Section 406 /420 IPC pending before the Chief Judicial Magistrate (CJM in short), Dimapur, Nagaland and also against taking cognizance under Section 406 /420 IPC and the summon dated 09.03.2022 by the learned CJM, Dimapur, Nagaland.

3. The petitioner claims to be the Director of M/S UM Green Lighting Pvt. Ltd. which is a registered Company having its Office at 806 Devika Tower, 6 Nehru Place, New Delhi and Corporate Office at Haryana. The respondent is also a company namely M/S CSA Corporation, Private Limited (formerly known as Orsus Agro Developers Pvt. Ltd.), having its Corporate Office at New Delhi and registered Office at Dimapur, Nagaland, represented by its Consultant Shri Santosh Kumar. The case of the petitioner is that the Company of the respondent, M/S CSA Corporation Pvt. Ltd. (Company of the respondent, in short) in consortium with M/S UM Green Lighting Pvt. Ltd. (Company of the petitioner, in short) participated in the open tender for “design, manufacture supply, erection, testing and commissioning of standalone Off Grid Solar LED Street Lights in five (5) states namely Assam, Bihar, Jharkhand, Odisha and Uttar Pradesh including complete system warranty and its AMC for five (5) years” under Atal Jyoti Yojana (AJAY) of Ministry of New and Renewable Energy (MNRE), Government of India.

On being successful in the bidding, the parties were awarded the contract work vide Letter of Award dated 10.02.2017 and 13.09.2017. According to the petitioner, although no formal agreement was executed the parties had a clear understanding of the roles to be carried out by both the parties in their meeting at Delhi and accordingly by mutual understanding, the works were executed in the five (5) states mentioned above. The Company of the petitioner and the Company of the respondent shared the responsibility of Bank Guarantees at the ratio of 50:50. All the payments were received in the account of the Company of the respondent. The Company of the petitioner performed its duties according to the payments received from the Company of the respondent. In the first year there was no issue. In the second year the Company of the respondent did not make any payment to the Company of the petitioner. In the third year, the Company of the petitioner could not continue with the work due to non-payment by the Company of the respondent and also because the Company of the petitioner was held up under insolvency proceeding in the National Company Law Tribunal, New Delhi Bench.

4. In the meantime, the CR Case No. 12/2021 has been initiated against the petitioner by the Company of the respondent before the Court of CJM, Dimapur, Nagaland, on 15.11.2021. The complainant and his two (2) witnesses were examined on 16.11.2021.

5. The Court of CJM, Dimapur, by an order dated 15.12.2021