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2019 Supreme(Jhk) 526

RAJESH SHANKAR
Kishna Kant Dubey – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Indrajit Sinha Mr. Vijay Kant Dubey
For the Respondent Mr. A.P.P., Mr. Rahul Kumar, Mr. Vishal Kumar.

ORDER :

The present petition has been filed for quashing the entire criminal proceeding in connection with Gua P.S Case No. 05 of 2014 (G.R. No. 63 of 2014) for the offences under Sections 406/420/34 IPC lodged against the petitioners, now pending in the Court of the Chief Judicial Magistrate, Chaibasa.

2. The learned counsel for the petitioner submits that a complaint case being Complaint Case No. 8 of 2014 was filed by Alok Kumar Chaudhary (O.P. No.2) alleging inter alia that it was agreed by the accused persons to supply iron ore (ROM) to the O.P. No.2 (complainant) through M/S Sunbeam Trading & Investments (P) Ltd. (accused No.2) from the Mines of M/S Rameshwara Jute Mills Limited, as the same was being operated by M/S Essel Mining Corporation Ltd. (accused No.1). The value of iron ore was taken from the complainant and the delivery orders were issued on 21.07.2010 for 2500 MT and on 04.09.2010 for 5000 MT @ Rs.850/- and Rs.500/- per MT respectively. However, out of 2500 MT of iron ore, 2153 MT was delivered and the rest quantity of 5347 MT is still to be delivered. The amount subsequently refunded through RTGS to the Bank a/c of the complainant was not agreeable to the complaina

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