This application has been filed for quashing of the entire criminal proceeding of Complaint Case No.328 of 2005 including the order dated 25.7.2005 whereby and whereunder the court having satisfied that sufficient materials are there to proceed against the petitioner for the offence punishable under Section 406 of the Indian Penal Code issued summons to the petitioner.

2. The case of the complainant as has been made out in the complaint petition is that in the month of April, 2004 when the petitioner offered invitation for construction of a building of Kashyap Vision Care Hospital, Purulia Road, Ranchi, it was accepted by the complainant and thereby the complainant was allowed to take up the construction work on the terms and condition agreed upon. Thereafter the complainant purchased machineries worth Rs.3,74,260.75 related to the construction work and brought it to the site of the work under security cover provided by the accused. The complainant when started construction work, payments were made time to time upon bills being raised. The petitioner was never dissatisfied with the quality of the work, still on 17.9.2004 the petitioner asked the complainant to stop constructi