Jharkhand High Court
M/S Rathi Steel And Power Ltd. And Anr vs The State Of Jharkhand And Anr. ... ... on 28 February, 2020
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No.1878 of 2018
M/s Rathi Steel and Power Ltd. and Anr. ... ... Petitioners
Versus
The State of Jharkhand and Anr. ... Opposite Parties
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioners : Mr. Vibhor Mayank, Adv.
: Mr. Kumari Sugandha, Adv.
For the Opposite Party : Mr. Satish Kumar Keshri, A.P.P
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03/28.02.2020 Heard Mr. Vibhor Mayank, learned counsel appearing on behalf of the petitioners.
2. Learned counsel appearing on behalf of the petitioners submits that the entire criminal proceedings as against the petitioners is an abuse of process of law as the transaction arises out of commercial transaction between the parties. Learned counsel has referred to the order passed in A.B.A. No.1557 of 2019 dated 10.02.2020 indicating that there has been long standing business relationship between the parties since the year 2009. He submits that several payments were already made by the petitioner to the complainant in the course of normal business transactions and only Rs.5,31,508/- was due and payable to the opposite party no.2. Learned counsel submits that although the long standing business relationship is not reflecting from the complaint petition, but in the solemn affirmation, the complainant has disclosed that the transactions between the parties started sometimes in the year 2009.
3. Considering the aforesaid aspect of the matter, issue notice to opposite party no.2, both under registered cover with A/D as well as by ordinary process for which requisites etc. must be filed by 02.03.2020, failing which the instant petition will stand dismissed as against the concerned opposite party.
4. Post this case on 30th March, 2020 awaiting service report.
5. Till 30th March, 2020, no coercive steps be taken against the petitioners.
(Anubha Rawat Choudhary, J.) Saurav/