Patna High Court - Orders
M/S Daewoo L And T J.V. vs The State Of Bihar on 5 April, 2023
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17471 of 2023
Arising Out of PS. Case No.-718 Year-2020 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. M/S Daewoo L And T J.V. Plot No. 6h/31, Bahadurpur Housing Colony,
Bhoot Nath Road, Behind Mithila Hospital, P.S.- Agam Kuan, Distt.- Patna.
Head Office- Larsen And Toubro Limited, Through Its Deputy Project
Director Mr. M. Srinath Aged About 52 Years S/O Marti Lakshmi Kantham,
L And T House, N.M. Marg, Ballard Estate, Mumbai (MAHARASHTRA)-
400001.
2. V. Gopi Krishnan @ Gopi Krishna S/O Shankar (PURCHASE Head L And
T) M/S Daewoo L And T J.V., Plot No. 6h/31, Bahadurpur Housing Society,
Bhoot Nath Road, Behind Mithila Hospital, P.S- Agamkuan, Distt.- Patna
800008. Head Office- Larsend And Toubro Limited, L And T House, N.M.
Marg, Ballard Estate, Mumbai (MAHARASHTRA)-400001.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Guman Ram Dewasi @ Gautam Kumar S/O Kishna Ram M/S Vijay Laxmi
Trade Link, Nagendra Kanti Complex, Soda Godown Chowk, Laxmi,
Brahmpura, Muzaffarpur-842003 At Present Address- Vijay Nagar, 90 Feet
Road, Near Shanti Navjivan Hospital, P.S Agam Kuan Thana, Distt.- Patna.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 17470 of 2023
Arising Out of PS. Case No.-718 Year-2020 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
S.N Subrahmanyan @ S.N Subrahmanyam Son Of Late Ss Narayanan
Resident Of E 116, 16th Cross Street Besant Nagar Chennai 600090 (TAMIL
Nadu) And Having Office At Head Office -LARSEN Toubro Limited, L And
T House. N.M. Marg, Ballard Estate, Mumbai, Maharashtra 400001
... ... Petitioner/s
Versus
1. The State of Bihar
2. Guman Ram Dewasi @ Gautam Kumar Son Of Kishna Ram Proprietor Of
M/S Vijay Laxmi Trade Link, Nagendra Kanti Complex Soda Godown
Chowk, Laxmi Chowk, Brahmpura, Muzaffarpur 842003 At Present Vijay
Nagar 90 Feet Road, Near Shanti Navjivan Hospital Ps Agam Kuan Thana,
Distt- Patna
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 17471 of 2023)
For the Petitioner/s : Mr. Lalit Kishore, Sr. Advocate
Mr. Satyabir Bharti, Advocate
Ms. Sushmita Sharma, Advocate
Ms. Kannu Priya, Advocate
Patna High Court CR. MISC. No.17471 of 2023(3) dt.05-04-2023
2/5
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
(In CRIMINAL MISCELLANEOUS No. 17470 of 2023)
For the Petitioner/s : Mr. Lalit Kishore, Sr. Advocate
Mr.Satyabir Bharti, Advocate
Ms. Sushmita Sharma, Advocate
Ms. Kannu Priya, Advocate
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 05-04-2023Heard Mr. Lalit Kishore, learned Senior Counsel for the petitioner duly assisted by Mr. Satyabir Bharti, Advocate.
The present petition has been preferred for quashing of the order dated 30.11.2022 passed by the Court of Judicial Magistrate 1st Class, Patna City, Patna in Complaint Case No. 718 (C) of 2020, whereby cognizance has been taken under Sections 406, 420 and 120 B of the I.P.C.
The complainant has preferred complaint case against the petitioner herein narrating as follows:
The complainant is the owner and proprietor at Vijaya Lakshmi Trade Link and in pursuance to the tender having been floated by Ms Daewoo L&T JV for the supply of safety items that is web slings/safety slings, he had applied and being the lowest bidder, his tender was accepted.
(i) the complainant had supplied materials to the accused persons under various purchase orders who in turn were making payment to the complainant on installment basis, as per the availability of funds;
Patna High Court CR. MISC. No.17471 of 2023(3) dt.05-04-2023 3/5
(ii) a total sum of Rs 58,43,544 remained unpaid by the accused persons to the complainant whereupon he had contacted the accused persons time without number and was assured by them that the balance amount would be paid but the same was not paid;
(iii) when the complainant was left with no option, he sent legal notices on 9th of June, 2020 as also on 10th of July, 2020, through registered post to the accused persons but the outstanding dues were not paid;
(iv) it was accordingly alleged that that accused persons had induced the complaint to supply the materials but the price of which was never paid and as such the accused persons in an act of dishonesty and with an intention to misappropriate the said balance amount, did not pay the balance amount and therefore they have committed offences under section 406, 420 and 120B IPC;
(v) it was also stated that the complainant had first tried to lodge an FIR at Agamkuan Police Station, but the Officer in Charge of the said police station refused to lodge the FIR and suggested the complainant to file a Complaint Case.
The learned Court took up the matter on the basis of the said Complaint and after the examination of the complainant Patna High Court CR. MISC. No.17471 of 2023(3) dt.05-04-2023 4/5 and other witness, cognizance for an offence under sections 406, 420, 120B I.P.C. was taken by the Court of Ms. Vishnu Priya, learned Judicial Magistrate, 1st Class, Patna City, and summons issued upon the accused persons including the petitioners herein.
Aggrieved, the present petitions.
Learned Senior Counsel submits that the Larsen and Toubro was having an agreement with the O.P. No. 2 for delivery of certain materials in connection with the construction of Bidupur-'Kachi Dargah' river bridge over Ganga. His further submission is that the materials worth Rs. 1,33,18,440/- was supplied between January, 2018 to April, 2019, out of which, major payment was made and only Rs. 58,43,844/- remained unpaid.
Further submission is that the wire ropes slings as also the other safety materials that were supplied and used were found to be a sub-standard product inasmuch as on 2nd April, 2019, a Rigger, Mr. Brijdev Manjhi, who was working on the project and was handling the web slings lost his life.
Accordingly the O.P. No. 2 was put on notice on 27.11.2019 (Annexure-4 of the present petition) which was duly replied by them (Annexure 5). However, immediately Patna High Court CR. MISC. No.17471 of 2023(3) dt.05-04-2023 5/5 thereafter, the present complaint was filed.
It is further submitted by the learned Senior Counsel that in any case, they are in touch with the opposite party no. 2 to sort out things but the present complaint is putting spoke in the wheels of negotiations.
Issue notice to the opposite party no. 2 through both processes i.e. ordinary as well as registered cover with A/D for which requisites etc. must be filed within a period of three weeks failing which the application shall stand rejected without further reference to the Bench.
In the meantime, learned counsel for the petitioner will be filing a supplementary affidavit bringing on record the present status of the case.
List this case after service of notice or appearance of the opposite party no. 2 whichever is earlier.
Till the next date of hearing, the further proceeding in connection with Complaint Case No. 718 (C) of 2020 pending before the Court of Judicial Magistrate, 1 st Class, Patna City, Patna shall remain stayed.
(Rajiv Roy, J)
Ravi/-Kiran
U T