JUDGMENT :

Sanjay Kumar Dwivedi, J.

Heard Mr. Deepak Kumar Sinha, the learned counsel appearing for the petitioner, Mrs. Priya Shrestha, the learned counsel appearing on behalf of the respondent State and Mr. Deepankar Roy, the learned counsel appearing on behalf of the Opposite Party No.2.

2. This petition has been filed for quashing of the entre criminal proceeding arising out of Dhanbad (Dhansar) P.S. Case No.965 of 2014, G.R. No.4477 of 2014, including the order taking cognizance dated 24.07.2015 pending in the court of learned Judicial Magistrate, 1st Class, Dhanbad.

3. The complaint case has been filed which was sent under section 156(3) of the Cr.P.C. alleging therein that O.P.No.2 is a transporter carrying business of M/s Maa Biswanath & Co., Dhanbad. The O.P.No.2 was placed with an order by one M/s Jobby Infrastructure Pvt Ltd., Mumbai to employ 7 nos. of Hywa (Tata Tipper) from Dhori Kalyani Project, Bokaro through its General Manager on 1.10.2013. In response to the same, the O.P.No.2 deployed 7 nos. of Hywa in said work and agreed to pay Rs.1,45,000/- per Hywa. Those vehicles employed for transportation and work was only for six months. The petitioner being proprietor wit