AYUB ALI Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the summoning order dated 03.12.2012, passed by learned Judicial Magistrate, Dehradun, in criminal complaint case no. 865 of 2012, Arun Gupta vs Ayub Ali, under Section 420 of IPC, as also the entire proceedings of aforesaid criminal complaint case pending in the selfsame court.

(2.) Brief facts of the case are that the applicant is a contractor and is engaged in the work of construction and erection of mobile towers on labour rate basis. Respondent no. 2 was awarded work of construction of 04 mobile towards by B.S.N.L in the area of Air Force, New Delhi, and an agreement in this regard was executed with the applicant for the construction of aforesaid mobile towers in the locations mentioned in the agreement. Out of the aforesaid 04 towers, the work of two towers was completed and the same were handed over to respondent no. 2 for which the applicant was entitled a sum of Rs.3,00,000/-, as per the rates agreed between the parties. It is alleged in the C-482 petition that till date of completion of these two towers only Rs.2,00,000/- were paid to the applicant. The applicant made repeated request to the respondent no. 2 for payment of balance amount in regard to erection of 02 mobile towers, but to no avail. It is contended that the execution work was delayed owing to above factors and due to which the applicant had to suffer huge losses. It is also contended that the applicant had received a sum of Rs.2,00,000/- for the work done by him and he had already completed the work of two mobile towers out of total four towers. It is further contended that there is no dishonest intention on the part of the applicant right from the inception or at a particular point of time and a civil dispute has been given the colour of criminal offence at the behest of respondent no. 2.

(3.) In the meantime, respondent no. 2 preferred a criminal complaint case no. 865 of 2012, Arun Gupta vs Ayub Ali, in the court of Judicial Magistrate, Dehradun, under Section 420 of IPC, stating therein, that the applicant despite receiving an amount of Rs.2,04,100/-, as advance, has not completed the work and hence cheated the respondent no. 2.