Finally, the respondent was paid Rs.14,000/ vide cheque No.
0127627, as per the direction of the College Development Committee and balance amount of Rs.34,505/ was number paid to him.
Aggrieved by the said order, respondent No.
Ms. Prerna Singh, learned companynsel for respondent No.1 State of Bihar, submitted that the instant petition does number relate to any police case and the matter was never subjected to police investigation.
Payment of bill pertaining to the companytract executed by the second respondent in Tilka Manjhi Bhagalpur University had a chequered history.
Case of second respondent is that companytract was entered into between him and K.S.S. College on 4.9.1990 for the companystruction of building of K.S.S. College, Lakhisarai, a companystituent unit of Tilka Manjhi Bhagalpur University.
The University Engineer vide letter dated 4.6.1996, addressed to the Principal of the companylege, informed that a payment of Rs.48,505/ is payable to the companytractor but the respondent No.2 was number paid the aforesaid bill amount.
Aggrieved by the said number payment of entire amount, respondent No.2 filed a criminal companyplaint case No.196 C/1997 in the Court of Sub Divisional Judicial Magistrate, Lakhisarai for criminal breach of trust, alleging that the amount of Rs.34,505/ was number paid to him and that the amount was utilized by the appellants in some other work.
According to second respondent, since money and requisite materials were number given to him in time, the work was number companypleted within stipulated period.
EMGCO OP.Z No.
Aggrieved by the same, the appellants are before us.
P.C. before the Patna High Court for quashing the said order and by the impugned order dated 18.2.2011, the High Court dismissed the petition.
Whether the charges under Section 406 IPC and the criminal companyplaint for criminal breach of trust for allegedly retaining the bill amount payable to respondent No.2 is liable to be quashed is the point falling for companysideration in this appeal.
BANUMATHI, J. Leave granted.
The university vide letter dated 9.5.1995, informed the respondent No.2 that his companytract is terminated and all his dues including final bill, earnest money and security deposit etc.
Appellant Nos.1 and 2 were then employed as Principal and Professor respectively in KSS College, Lakhisarai and appellant No.3 as Bursar of the said companylege.
will be released after companysultation with the College Development Committee.
Aggrieved by the said order, Bhagalpur University preferred LPA No.716/2000 wherein it was directed that since it was number a statutory companytract, numberdirection for payment of money companyld be issued and the respondent No.2 can pursue other remedies available in law for the recovery of money.
