HUSSAIN TAPADAR Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The respondent No. 2 has lodged an FIR on 27/3/2019 before the Officer-Incharge Jowai Police Station, West Jaintia Hills District stating that on the second day of November, 2016, he was approached by the petitioner herein with an offer for sub-contract work for laying of optical fibre cable for a stretch of 35 kms from Khliehriat to Lumshnong in the East Jaintia Hills District. Thereafter, the petitioner on behalf of Neon Mobicom and Tele Systems Pvt. Ltd and the respondent No. 2 executed an Agreement for the same. The respondent No. 2 then deposited the security deposit of Rs.4,10,000.00 (Rupees four lakhs ten thousand) only, which is supposed to be refunded on completion of the work.

(2.) The respondent No. 2 went on to state that after completion of about 26 kms of the work, he contacted the petitioner who did not respond to his calls, but had only send text messages that he is busy. Then the Company situated at Balaji Chamber, Wanawadi, Jambhulkar Chowk, Pune was contacted and they responded by assuring that the petitioner will come in the first week of December, 2018 to inspect the work done and to release the bill for the work done. On the failure of the petitioner to come and meet the respondent No. 2 and to pay the said dues, a pleader's notice was also served upon the Company and again on no response received from the petitioner, the respondent No. 2 then lodged the said FIR seeking legal relief.

(3.) On receipt of the said FIR, the Office-Incharge Jowai Police Station registered a case being Jowai P.S. Case No 54 (3) of 2019 under Sec. 420 IPC and an Investigating Officer was assigned to launch investigation.