ORDER

Dated this the 30th day of August 2024 The proceedings in C.C.No.1326/2017 on the files of the Additional Chief Judicial Magistrate Court, Ernakulam are under challenge in this Crl.M.C.. The case was registered against petitioners and three others alleging offences under Section 406 , 420 and 34 of the Indian Penal Code, 1860 . The FIR was registered on 12.05.2017 against five persons including the petitioners. After investigation, the Police filed final report against the petitioners.

2. The allegation against the petitioners is that 'Unique Rehab Private Ltd.' had undertaken the road works in the compound of Hindustan Unilever Ltd at Tatapuram, Ernakulam and Unique Rehab Private Ltd had given sub contract for the works to the defacto complainant. The work order was given, signed by the 2nd accused. According to the defacto complainant, the total work done by his concern was worth Rs.41,37,528/-. Four bills were raised by the defacto complainant between December 2013 and January 2014. A total sum of Rs.25,46,597/- was transferred to the account of the defacto complainant maintained with the Dhanlaxmi Bank, Cheranelloor branch. The balance amount of Rs.14 lakhs was not paid. T