S DHANANJEYAN Vs. R MOHAN

JUDGEMENT

(1.) THE petitioner is the complainant in the private complaint. On conclusion of enquiry under Section 202 Cr.P.C, an order has been passed under Section 203 Cr.P.C dismissing the private complaint for an offence punishable under Sections 406 and 420 IPC. Aggrieved against the order impugned, the present revision has been filed before this Honourable Court.

(2.) LEARNED counsel for the petitioner submits the petitioner has entered into an agreement with the respondent/accused for construction of a marriage hall, wherein, the understanding between the parties are that the petitioner will provide labour and the respondent will provide building materials. On completion of the construction, the profit will be shared by both of them. It is further alleged in the complaint that the work was undertaken and the building was almost completed. At the fag end of the completion, the respondent wanted to bring in some other person as a partner, which was disputed when there was a due of about Rs.8 lakhs from the respondent. Moreover the respondent has taken over the premises, keeping behind the machineries of the petitioner inside, resulting in the filing of the private complaint.

(3.) IN Mukesh Jain Vs. Balachandar (2005(2) LW Crl. 558) it has been observed as follows: