RAM CHAND Vs. STATE OF U P

JUDGEMENT

(1.) RAM Chand is a partner in the firm Jethanand and Sons which carries on the work of government Contractors. In 1947 the firm took three contracts for the supply of stone ballast to the U. P. P. W. D. at Shankargarh and Lohagra in the Allahabad district. We are not concerned with the third of these contracts. The first two were entered into on the 20th of March and the 27th of May and are evidenced by bonds Nos. 359 and 45 respectively. Deliveries were made under these contracts to P. W. D. overseers on the 22nd March (2,62,420 cu. ft.) and on the 25th may (2,95,157 cu. ft.) by Ram Chand and an agent of his firm, Chetanand, respectively. Very shortly afterwards bills signed by Ram Chand for the price of this ballast were passed and payments were made to Messrs. Jethanand and Sons.

(2.) AT first there was no trouble about the matter but later, when an enquiry was made by Mr. Sahney, Executive Engineer on 22-12-1947 the Overseer J. P. Mittal on 22-1-1948, sent a report which indicated that there was some confusion about the ownership of the ballast although ail of it which had been measured still lay at the spot. This report was forwarded by Mr. Shiam Lal, assistant Engineer along with his own note and he thought something like fraud had been committed by Jethanand and Sons in getting this ballast measured since their right to it was extremely doubtful. He recommended that Messrs. Jethanand and. Sons should be asked to get the matter cleared up; otherwise the police should be approached and legal action taken. Shortly after the Collector and the Superintendent of Police of Allahabad were approached.

(3.) THE Sub-Inspector reported this settlement and added that if the P. W. D. Officers were not satisfied and still wished to proceed under Section 420, I. P. C. they could take criminal action at lucknow where the accused lived and carried on business and where the contract had been settled.