ASHOK KUMAR Vs. SHIV BHAGWAN

JUDGEMENT

(1.) This is a petition under Section 482 for quashing of criminal proceedings filed by the respondent/complainant.

(2.) Briefly the facts are that that the complainant claimed that the petitioner was known to him. Both the parties are empanelled contractors with the Municipal Corporation of Delhi (MCD). The complainant's version is that the petitioner approached him in 1999, painting a rosy picture and holding out that he had secured work order at Division 16, from the Executive Engineer, MCD for execution of works during a particular period. It was further alleged that the accused led the complainant to believe that he was unable to execute the work despite lapse of considerable period as he had insufficient finance, and lacked experience. It was alleged that the petitioner told him that default in execution would entail a great loss of goodwill, besides monetary loss, and therefore sought his help.

(3.) It was alleged that the complainant, a registered contractor of MCD with 20 years standing, believed the assurances and representation of the accused, requested his friend Mr. Rameshwar Poddar, also a registered contractor with. MCD, to execute the works of accused alongwith the complainant. The accused assured them payment of Rs. 1 lakh for the execution of the works. It was alleged that the complainant and Shri Poddar purchased materials, paid hire charges for bitumen boiler, mixture plant, road roller, etc, besides cash of Rs. 2,25,000/-, which was given to the petitioner accused, for purchase of bitumen. It was alleged that the accused petitioner performed the work, and received the money from MCD yet, he did not return the amount to the complainant, who was given lame excuses. It was alleged that the petitioner accused, after being asked to return the monies, made a false complaint, and issued legal notice; later on 16.3.1999, the complainant was threatened by four persons, with a knife. On these allegations, the complainant was filed.