(1.) Heard learned Counsel for the parties and perused the papers on record.
(2.) It appears that the accused applicant and the complainant respondent both are the engineers in the Public Works Department, Uttarakhand (for short, PWD). The work of construction of a bridge through Panchaghati Construction Company (for brevity, the company) was undertaken by the PWD. The cost of the said project was rupees thirty six lakhs.
(3.) It appears that in addition to their official duties, both the litigating engineers, in some form or the other, had their sleeping partnership in the Company. The Company started the construction work, wherefor first payment to the tune of Rs. 6,97,749/- was made by the PWD to the Company.