RAJESH KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The above two applications have been filed by the respective accused persons under Sec. 482 Code of Criminal Procedure for quashing of the charge sheet bearing No. 160/2010 dtd. 11/5/2010, arising out of Case Crime No. 241 of 2010, under Ss. 406, 504 and 506 IPC, Police Station Ghazipur, District Lucknow, and the charge sheet bearing No. 160A/2014 dtd. 14/7/2014, arising out of Case Crime No. 241A of 2010, under Ss. 147, 148, 323, 504 and 506 IPC, Police Station Ghazipur, District Lucknow, which were registered by the rival parties against each others. Besides, the applicants have also challenged the respective cognizance orders dtd. 24/6/2010 and 4/9/2014, whereby they have been summoned in the pending criminal proceedings.

(2.) Briefly the facts leading to the applications are that two work orders for setting up Sewerage Treatment Plants (STP) and Effluent Treatment Plants (ETP) was placed by M/s Sawen Consultancy Services (hereinafter referred to as "Party No. I") to M/s Eco Water Solutions Technologies Private Limited (hereinafter referred to as "Party No. II") vide letters dtd. 23/6/2008 and 4/7/2008, and relating to the said works, dispute between the two companies arose and litigation also commenced. Apart from the civil litigation instituted by both sides against each other, the respective parties lodged criminal cases against each other for their prosecution through the above noticed two FIR(s). The applicants in Application u/s 482 No. 724 of 2012; titled Dr. Rajesh Kumar Singh and another vs. the State of U.P and another, are the Director and Joint Director, respectively of "Party No. I", whereas Sachchidanand Rai and Guna Kesh Rai are Director(s) of "Party No. II".

(3.) The Case Crime No. 241/2010 was registered on the basis of a written complaint dtd. 3/4/2010 given by complainant Guna Kesh Rai, wherein it is alleged that his company "Party No. II" situated at B-38, Okhla Industrial Area, Phase-I, New Delhi received a work order from "Party No. I" situated at 409-A, 426-B, IVth Floor, Sahara Shopping Centre, Faizabad Road, Lucknow and the total worth of the two work orders was Rs.20,00,000.00 and Rs.47,00,000.00 respectively, and against it, a sum of Rs.23,80,500.00 is outstanding. On demanding the money, the debtors abused the complainant and extended threats, who also refused to issue Form 'C'. Broadly, on these allegations, the complainant prayed for prosecution of the accused, i.e. Director(s) of "Party No. I", whereupon the case was registered for alleged commission of offences punishable under Ss. 406, 504 and 506 IPC.