AJAY GOENKA Vs. STATE OF M P

JUDGEMENT

(1.) By invoking the inherent jurisdiction of this Court, the instant petition has been filed by the petitioners under Section 482 of Code of Criminal Procedure,1973 for quashing the proceedings of FIR registered at crime No.68/12 at Police Station Talaiya District Bhopal and also for quashing the subsequent proceedings initiated thereupon being abuse of process of law.

(2.) The brief facts in narrow compass are that respondents No.2 & 3 against the petitioners alleging commission of offence punishable under Sections 420, 406, 415 and 120-B of IPC stated that they have done the construction work of Hospital Building of Chirayu Medical College and Hospital which belongs to Chirayu Charitable Trust located at Village Bhainsakhedi, Tahsil Huzoor District Bhopal.

(3.) Petitioners' counsel submitted that the allegations are absolutely false in fact the excess amount has been paid by the petitioners to the complainant of which no proper account has been submitted by the complainant. Thus, it is not the petitioners who have committed fraud with the complainant but it is the complainant who has committed fraud with the petitioners. In the month of July, 2010, complainant has started demanding more money without providing accounts for the amount which had already been paid by the petitioners to the complainant.