1. Heard Mr. Vikash Kumar, learned counsel for the petitioner and Mr. Dinesh Kumar, learned counsel for the opposite party no. 2.

2. In this application, the petitioners have prayed for setting aside the order dated 12.06.2017 passed in Sindri P. S. Case No. 51 of 2015 corresponding to G. R. No. 4154 of 2015 by the learned Judicial Magistrate 1st class, Dhanbad whereby and whereunder the application for discharge preferred by the petitioner has been rejected.

3. It has been stated by the learned counsel for the petitioners that the dispute is purely civil in nature as the same relates to execution of work order. Learned counsel submits that there is considerable delay in institution of FIR as the last work which was executed by the informant at Jharsuguda was in the year 2008. He further submits that subsequently the matter has been compromised and an amount of Rs.65,000/- has been returned to the opposite party no. 2. It has been stated that if at all the informant was aggrieved with respect to non-payment of his amount, the proper forum would have been the civil court, but instead the opposite party no. 2 opted by filing a criminal complaint against the petitioners.

4. Mr.