O S PASRICHA Vs. STATE OF DELHI

JUDGEMENT

(1.) Respondent No. 2, namely M/s. Bhargava & Associates Pvt. Ltd., has filed criminal complaint against the petitioners herein under Section 420, IPC in which order dated 29-3-1996 was passed by the learned MM summoning the petitioners. The petitioners filed application for recalling of the summoning orders, which has been dismissed by the learned MM vide order dated 3-4-2003.

(2.) The main contention of the petitioners, on the basis of which they seek dismissal of the complaint, is that the dispute between the parties is purely of civil nature and criminal complaint has been filed giving it a colour of offence of cheating which is to harass and pressurize the petitioners. It is this question which needs determination by this Court. In order to appreciate the controversy, let me scan through the undisputed facts which emerge from the complaint.

(3.) In the complaint filed by the respondent No. 2 against the petitioners, it is alleged that the petitioners had engaged the services of the complainant for carrying out various works at sites allegedly owned by the petitioners and upon engaging its services, the petitioners had declined and failed to pay for the services rendered, thereby committing an offence under Section 420, IPC. It is stated that the petitioners had approached the respondent No. 2 for providing services of design and consultation for the proposed development :