RAMESH SINHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition u/s.482 of the Criminal Procedure Code has been preferred seeking the relief to quash the criminal complaint being C.R. No. I-1022/2006 registered with Navrangpura Police Station and the consequential proceedings initiated thereto.

(2.) THE petitioners no.1 to 5 herein are the employees of a private ltd. company, named, M/s. Applitech Tendercity.com (I) Pvt. Ltd. whereas, petitioner no.6 is the Director of another private ltd. company, named, Vastuta Communication Pvt. Ltd. Both the companies are having their Offices at Ahmedabad and are engaged in the business of Data Entry Work. Another private ltd. company, named, Times Internet was the client of said M/s. Applitech Tendercity.com Pvt. Ltd., for whom Applitech was doing Data Entry Work. Said M/s. Applitech Tendercity had given sub-contract to M/s. Vastuta Communication for doing Data Entry Work. A Tripartite Agreement was entered into between said M/s. Applitech Tendercity, M/s. Vastuta Communication and Times Internet on 01.08.2005.

(3.) HEARD learned counsel for the parties. Though served none appears on behalf of respondent no.2. Having perused the record, it appears that before filing the impugned complaint on 25.11.2006, the company had already preferred a suit being Civil Suit No. 2124/2006 before City Civil Court, Ahmedabad against M/s. Vastuta Communication Pvt. Ltd. In the said suit, no averments were made regarding any forgery alleged to have been committed by the petitioners. However, the same form part of the complaint in question, which clearly shows that the complaint itself is an after-thought. Admittedly, the dispute between the parties is of a civil nature arising out of an Agreement. Prima facie, it appears that complaint came to be filed in order to avoid payment to the employees.