PROPKAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present petition has been filed for quashing of the order dated 4-2-2002 passed by the Chief Judicial Magistrate, Gautam Budh Nagar in complaint case No. 5070/2000 and proceedings of complaint case and also order dated 18-4-2002 passed by the Additional Sessions Judge (Fast Track Court), Gautam Budh Nagar in Criminal Revision No. 19/2002.

(2.) The applicants are class-AMES contractor in the name and style of M/s.Good Value Engineers. The firm is a registered partnership firm and applicants are the partners of the aforesaid firm. Opposite Party No. 2 had filed a complaint against the applicants in the Court of the Chief Judicial Magistrate, Gautam Budh Nagar, alleging therein that in September, 1997 applicants were the lowest tenderers in MES work contract No. CE(FY)/HYD/BHA/04/97-98. The said work contract was awarded to them. The applicants did not have adequate working capital to execute the aforesaid MES work contract and they approached the opposite party No. 2 for a loan in the sum of Rs. 10.00 lacs. The opposite party No. 2 showed his inability to give such a huge amount as an unsecured loan. The accused persons/applicants then made an offer to the complainant/opposite party No. 2 to join them as a second party in the execution of the aforesaid MES contract work. The partnership between the accused persons/applicants and complainant/opposite party came in existence from 30-10-1997 by an oral agreement. The oral agreement was reduced in writing and a written agreement was entered into between the parties. It is alleged in the complaint that this agreement was denied by the accused.

(3.) It is further alleged in the complaint that complainant/opposite party No. 2 was not a partner in the partnership firm M/s. Good Value Engineers. The accused persons had executed a General Power of Attorney on 6-11-1997 in favour of complainant/opposite party No. 2 so as to enable him to operate the project account and deal with the government departments for the execution of the aforesaid MES work contract.