PRASANNA KUMAR DASH Vs. STATE OF U P

JUDGEMENT

(1.) Rejoinder-affidavit filed on behalf of the applicant is taken on record. Heard Mr. Ajal Krishna for the applicant and Sri. Dharmendra Singhal for the respondent No. 2 and learned A.G.A. for the respondent No. 1 and perused the record.

(2.) Mr. Ajal Krishna submitted that the dispute between the applicant and the respondent No. 2 is of civil nature. If the applicant committed any breach of contract, it was open to the respondent No. 2 to file appropriate legal proceedings for recovery of damages, if any, due to the breach. Sri. Ajal Krishna further submitted that there is no material to support that the intention of the applicant was dishonest at the beginning of the contract. In fact, the applicant served for several months and then left the job. Therefore, no dishonest intention at the inception of the agreement on the part of the applicant can be inferred.

(3.) Mr. Dharmendra Singhal, on the other hand, submitted that the applicant, after taking the training, did not serve under the respondent No. 2 and join other job, therefore, his intention was dishonest from the very beginning.