Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 4430 of 2022
------ Preety Sinha, aged about 51 years, W/o. Rajeev Ranjan, Principal of Gulmohar High School, P.O. & P.S.- Telco, Town- Jamshedpur, Dist.- East Singhbhum, Jharkhand, Presently residing at D-7, Vijaya Gardens, Baridih Colony, P.O. & P.S.- Baridih, Town- Jamshedpur, Dist.- East Singhbhum, PIN- 831017, Jharkhand. … … Petitioner
-Versus -
1. The State of Jharkhand
2. Ajit Kumar Sharma, S/o. Late Jawaharlal Sharma, Proprietor of Tata Computer, R/o. H. No. B-14/5, Navajeevan Gupta, Baridih, P.O.- Baridih, P.S.- Birsanagar, Town- Jamshedpur, Dist.- East Singhbhum, Jharkhand. ... … Opposite Parties
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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
------ For the Petitioner : Mr. Amit Kumar Das, Advocate
: Mr. Manmohit Bhalla, Advocate For the State : Mr. Fahad Allam, A.P.P. For the O.P. No. 02 : Mr. Shravan Kumar, Advocate
------ 08/25.02.2025
Heard the parties. 2. The petitioner has filed this application for quashing of the entire criminal proceeding in connection with Complaint Case No. 985/2019 alongwith the order dated 17.12.2021 passed by Ms. Pooja, learned Judicial Magistrate, 1st Class, Jamshedpur, whereby and wherein, the learned Magistrate has found the prima facie case to be true against the petitioner under Section 406 & 420 of the I.P.C.
3. The case of the Opposite Party No. 02 is that the petitioner is the Principal of Gulmohar High School, who had placed supply order of essential school materials to two firms namely J.P. Enterprises and Tata Computer. Both the firms had supplied the essential school materials to the petitioner for the sum of Rs. 3,36,340/- and Rs. 18,300/- totaling amount Rs. 3,54,640/-. 4. It appears that the petitioner had made payment to one Bhaiya Ram Choudhary, who had produced the bill in the name of Tata Computer. The case of the Opposite Party No. 02 is that the petitioner
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has not paid the consolidated amount to the Opposite Party No. 02 who is the partner in Tata Computer. 5. From the entire facts of this case, it appears that the petitioner had paid the consolidated amount to one Bhaiya Ram Choudhary who is the signatory of bills produced for supply of order to the petitioner. The petitioner had already paid the consolidated amount to the signatory of the bill produced on behalf of Tata Computer.
Prima facie, this appears to be the case of civil dispute between the parties. 6. In view of the aforesaid facts, the entire criminal proceeding in connection with Complaint Case No. 985/2019 alongwith the order dated 17.12.2021 passed by Ms. Pooja, learned Judicial Magistrate, 1st Class, Jamshedpur under Section 406 & 420 of the I.P.C is hereby quashed. 7. This Criminal Miscellaneous Petition is allowed. Pending I.A., if any, stands disposed of. (Ambuj Nath, J.) Rahul/-