RAKESH KUMAR VERMA Vs. RAVI KUMAR

JUDGEMENT

(1.) The petition was heard finally with consent of counsel for the parties.

(2.) In these proceedings under Section 482 of the Code of Criminal Procedure, petitioner seeks the quashing of proceedings initiated, though a complaint filed by the respondent. The brief facts are that the petitioner awarded a contract to the respondent/ complainant, for rehabilitation and expansion work. The total value of the contract was Rs.5,67,300/-. The work order was issued on 15.1.2003. The complainant alleged that the petitioner/accused in spite of agreeing to pay 30% of the amount in advance working out to Rs. 1,48,000/- and effect further payments, failed to do so. He further alleged that the petitioner took advantage of the contract and got the work agreed to by the parties, executed. On the strength of these allegations, the complaint was filed before the Magistrate on 31.1.2004.

(3.) The complainant/respondent, deposed as CW-1 at the pre-summoning stage and exhibited certain documents. These included the work order/rukka and a letter signed by the petitioner accused on 15.1.2003. In the course of the evidence, the complainant alleged that the petitioner did not pay the amounts as per the agreement or on the dates stipulated. It was further alleged that the accused petitioner continued making false assurances. On the basis of the deposition, and the complaint a summoning order was issued by the Magistrate.