JUDGMENT :

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the entire criminal proceeding including the order dated 08.06.2022 passed by the learned Judicial Magistrate 1st Class, Jamshedpur in C-1 Case No.435 of 2020 by which the learned Judicial Magistrate 1st Class, Jamshedpur has found prima facie case for the offence punishable under Sections 406 and 420 of Indian Penal Code against the petitioners and ordered for issue of summons to the petitioners.

3. The brief facts of the case is that the petitioner no.1 is the company of which the petitioner no.2 is the Chairman, petitioner no.3 is Director, petitioner no.4 is Chief Finance Officer, petitioner no.5 is Site in-charge and petitioner no.6 is Site Engineer. The allegation against the petitioners is that they engaged the complainant-company for the work of cutting and filling of earth at a particular site as a sub-contractor in the year 2015 to 2019 by giving work order. They paid the bills of the complainant company up to January, 2019 from 2015 but thereafter, they are not paying the bill amount of Rs.2,16,2