ORDER :

1. Petitioners, through these criminal miscellaneous petitions have prayed for quashing the First Information Report including the entire criminal proceeding arising out of Latehar Police Station Case No.101 of 2012 (G.R. No.453 of 2012), registered for offences under Sections 467, 468, 471, 406, 409, 420, 120B of the Indian Penal Code, pending in the Court of the Chief Judicial Magistrate, Latehar.

2. This case has been listed under the heading “For Orders” on the mention slip moved by the counsel for the petitioners for extending the stay already granted as the Court below is proceeding in the matter in view of the judgment passed by the Hon’ble Apex Court in the case of “Asian Resurfacing of Road Agency (P) Ltd. versus Central Bureau of Investigation reported in (2018) 16 SCC 299”, which directed that no stay can remain beyond the period of six months.

3. Counsel for the parties in course of arguments, submitted that these criminal miscellaneous petitions can be finally disposed of at this stage itself and accordingly, the matter was taken up for final disposal, as both the parties argued on merit.

4. Heard counsel for the parties and have gone through the records.

5. The FIR being Latehar Police Station Case No.101 of 2012 arises out of a complaint case being Complaint Case No.109 of 2012, wherein, the petitioners herein have been arraigned as accused No.2 and 3 respectively. The complainant-opposite party No.2 in the said complaint has alleged that the complainant is 50% partner of M/s. N.S. Construction with accused No.1, another partner of same ratio on the basis of a partnership deed made on 23rd day of June, 2006 and duly signed by the parties and affidavit on 04.07.2006 before Public Notary, Daltonganj for contract business from State Government, Central Government Department, B.S.N.L., Railway, Reliance Group of India, Essar Group of India Company Ltd. Company Corporation etc. while the head office of this partnership work shall be at Village & P.O. Matlong, P.S. Manika, District Latehar, at the house of accused No.1. It is alleged that in terms of partnership deed Bank Account (Current) No.30644512174 was opened in State Bank of India, Latehar in the name of the firm M/s. N.S. Construction and accused No.1 would operate the Bank account. It is alleged that after agreement with M/s. N.S. Construction, duly signed by the complainant on behalf of the firm and Executive Engineer, R.W.D. Works Division-cum-Project Officer, J.S.R., R.D.W., Latehar, contract work started under the aforesaid Executive Engineer agreement dated 06.10.2010 vide letter No.953 between the said firm and Executive Engineer. It is alleged that the copy of the said deed of agreement in the name of the firm and the bank account in the State Bank of India, Latehar Branch was handed over to the Executive Engineer for the purpose of smooth functioning of contract work. It is stated by the complainant that he has so far invested around Rs.10 lakh in the contract work. It is alleged that inspite of several turnover and payment on aforesaid current account of the firm by the department concerned, the accused No.1 did not make payment of single paise to the complainant nor any account was given by accused No.1 to the complainant till date. It is alleged that keeping in view the dishonest intention by accused No.1, Nandlal Yadav, who withdrew the entire amount from State Bank of India, Latehar Branch and not accounting for the same with the complainant, he filed a petition before State Bank of India, Latehar Branch, requesting to stop payment from the firm’s aforesaid account to accused Nandlal Yadav. It is alleged that the bank authority of State Bank of India, Latehar Branch stopped payment to accused No.1 from the aforesaid account. It is alleged that the complainant through letter dated 05.12.2011 informed and requested the accused No.4 to stop the payment from the current account No.496620110000180 of the aforesaid firm which was received by the acc