SANJAY KUMAR DWIVEDI
Divya Jyoti Songe Iron Pvt. Ltd – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Saurav Kumar, learned counsel for the petitioners, Mr. Santosh Kr. Shukla, learned counsel for the State and Mr. Rishav Kumar, learned counsel for the O.P. No.2.
2. The present petition has been filed for quashing of entire criminal proceeding including order taking cognizance dated 29.05.2012 passed in connection with C/1 Case No. 47 of 2011, pending in the Court of learned Judicial Magistrate, Ist Class, Chaibasa.
3. The O.P. No. 2 has filed the complaint case alleging therein that he is engaged in processing of Iron Ore and its marketing.
It was further alleged that the accused persons contacted the complainant at Barajamda and offered to purchase size Iron Ore and when such offer was accepted, it was agreed that the price of iron ore will be paid either in advance or at the time of lifting of materials and it is stated that initially the accused persons complied with the terms of the supply but during the supply of iron ore effected by the complainant to the accused persons during the last week of month of April, 2010 represented that they are suffering a financial crunch and therefore they would make the payment after iron ore reaches their plant and on such r
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