SUMEET KISHOR NANDESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Criminal Application is admitted and heard finally with the consent of the learned Counsel for the respective parties.

(2.) It is submitted that the applicant is a businessman doing business with a name and style "M/s. UN Multitech Engineers and Contractors" having partnership firm and doing the business of constructing the PEB Sheds by taking various contracts. On 19.9.2016, an agreement between the applicant and respondent no.2 was executed. The said agreement is having several conditions and the same is incorporated between the applicant and respondent no.2 and the same is duly signed and accepted by both the parties. As per the terms of the agreement, the present applicant used to prepare the various maps as per the work allotted to the present applicant. Due to various changes made by respondent no.2, the applicant was not allowed to start work at the said site for the reasons best known to respondent no.2. Without there being any intimation from respondent no.2, present applicant has received a mail cancelling the agreement from the side of respondent no.2. Applicant came to know the fact that respondent no.2 was not agreeable to confirm the increasing price in the material and was not ready to accept the proposal and himself cancelled the said contract/agreement. Respondent no.2 lodged a false report on 16.3.2017 in Police Station, Ram Nagar, Chandrapur. First Information Report was registered vide Crime No.550 of 2017 for the offence punishable under Section 406 of the Indian Penal Code. At last, it is prayed to quash and set aside the F.I.R. lodged by respondent no.2.

(3.) Heard the learned Counsel for the respective parties. Offence punishable under Section 406 of the Indian Penal Code is registered against the applicant. Section 406 of the Indian Penal Code reads as under : Section 406 . Punishment for criminal breach of trust.- Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.