JUDGMENT

Rajesh Shankar, J. - The present criminal miscellaneous petition has been filed for quashing the entire criminal proceeding arising out of C/1 Case No.860 of 2009 including the order dated 29.04.2009 passed by the Judicial Magistrate, 1st Class, Jamshedpur, whereby the cognizance of the offence under Section 420 of the Indian Penal Code has been taken against the petitioner.

2. One complaint case being C/1 Case No. 860 of 2009 has been filed by the opposite party No.2 stating that the complainant/opposite party No.2 is engaged in the business of manufacturing, sale and supply of various P.V.C pipes, plastic containers etc. It supplied various products to the petitioner for an amount of Rs.37,77,794/- and the petitioner paid a sum of Rs.34,41,156/- keeping Rs.3,36,638/- due. The petitioner assured that the said due amount shall be paid later on, however, he did not keep the said promise. The complainant issued legal notice to the petitioner which was replied on 14.08.2008 assuring payment of the dues on furnishing the statement of accounts. Thereafter, the opposite party No.2 through its lawyer, sent the statement of accounts to the accused/petitioner, but he failed to make