LAWS(BOM)-2007-10-91

ASOKE BASAK Vs. STATE OF MAHARASHTRA

Decided On October 09, 2007
ASOKE BASAK Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The first 2 Petitions/Applications are for quashing of the Criminal Complaint No.SCC No.1881 of 2004 filed in the Court of learned Judicial Magistrate,First Class at Shivajinagar, Pune. The 3rd Petition is for quashing the order of issuance of process in R.C.C./S.C.C. No.476 of 2004 in the Court of the learned Magistrate, First Class at Nashik.

(2.) The Petitioners/Applicants are Officers of M.S.E.B who are the accused in the aforesaid complaints.

(3.) There were various contracts entered into between the M.S.E.B and the Complainant's Company Datar Switchgear Ltd. There were several tenders to be invited from time to time under those contracts. In March, 2001 a sum of Rs.5,00,000/came to be deposited by Datar Switchgear Ltd., with M.S.E.B as security deposit in lieu of the bank guarantee that was required to be given for the tenders which were to be filed for the contract between the parties. Certain disputes arose by and between the parties. Due to certain alleged malpractices on the part of the M.S.E.B the contracts came to be terminated. Upon the termination of the contracts the Complainants desired to be refunded the security deposit which was kept with M.S.E.B.