YOGRAJ Vs. JUDICIAL MAGISTRATE, PUROLA, DISTT. UTTARKASHI

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 Cr.P.C., a prayer has been advanced to quash the order of cognizance dated 4.10.2007, and the entire proceedings of criminal case no. 174 of 2007, titled as 'Matbar Singh Vs. Amrit Singh & others', pending in the court of Judicial Magistrate, Purola, Uttarakashi. Having heard learned counsel for the parties, it transpires that the private respondent Matbar Singh is a contractor who entered into an agreement with petitioners Yograj and Amrit Singh to install a communication tower of Hutch Company. Both the petitioners are employees of the said company. The entire contract was for a consideration of Rs. 2,63,500/ -. For this purpose, a deed too was drafted on 26.11.2006 between the parties. The respondent no. 2, since did not have adequate infrastructure with him, invited his other associates Rajendra Singh and Ravinder Singh, as partners with him, to execute the proposed work. The dispute arose between the company and the private respondent on the 2 question of payment, for which Matbar Singh instituted a complaint case u/s 420 IPC. Learned Magistrate took cognizance of the matter and issued summons to the petitioners for the offence of Section 420 IPC.

(2.) IT has been contended on behalf of petitioners that the private respondent himself made full and final settlement by receiving a Draft No. 894609 dated 5.2.2007 worth Rs. 65,000/ - and has given in writing that nothing was due upon the company then.