SARDAR AMRIK SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a petition to quash the charge sheet and proceedings of case No. 2180 of 2000, State v. Amrik Singh and others, pending in the Court if IInd Additional Chief Judicial Magistrate, Bareilly.

(2.) The facts giving rise to this petition are as follows :

(3.) An F.I.R. for offences under Sections 419, 420, I.P.C. was lodged by the respondent No. 2 against the petitioner. In brief it was alleged that the complainant gave an order to the petitioner to install a sella rice plant in Tehsil Baheri and an agreement was executed. According to the agreement the plant was to be completed by 10-9-1978 for agreed amount of Rs. 13,71,000.00. A written agreement was executed for completion of plant, the period was mutually extended up to 30-10-1978, that 80% of the amount of the plant was given thought 75% work only was not done. The petitioner did not complete the plant and ran away from the site to Amritsar, that the complainant contacted the petitioner several times and he repeatedly promised to complete the plant, but did not complete the plant.