BHARAT SANCHAR NIGAM LIMITED Vs. RAMESH PRASAD

JUDGEMENT

(1.) Invoking extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, (hereinafter referred to as the 'Code') petitioner No.1, Bharat Sanchar Nigam, Limited, (henceforth the 'Nigam') which is a body corporate and petitioner Nos. 2 to 5, who are General Manager, Accounts Officer, Divisional Engineer and Sub Divisional Engineer respectively of petitioner No.1-Nigam, have filed this petition for quashing the proceedings in Criminal Complaint Case No. 122/2004 (Ramesh Prasad v. Bharat Sanchar Nigam, Ltd. and four others), pending in the Court of CJM, Katni, for offence punishable under Section 420 of the IPC.

(2.) The facts which led to filing of this petition shortly narrated, are that the respondent filed a complaint against the petitioners in the Court of CJM, Katni alleging that the petitioner No.1 had given a telephone connection No. 235028 to him. Due to the negligence of the petitioners the telephone bill for the period 1-5-2002 to 30-6-2002 was not sent to him. The charges of this period were added to the bill for the period 1-7-2002 to 30-8-2002 causing great inconvenience to him. It is also alleged in the complaint that telephone connection was disconnected on 30-9-2002. Despite this fact, a bill for Rs.464/- for the period 1-9-2002 to 31-10-2002 was sent to him. Similarly, despite disconnection a bill for Rs.252/- for the period 1- 11-2002 to 31-12-2002 was sent to him. It is further alleged in the complaint that even though the complainant paid Rs.821/- for the period 1-7-2002 to 31-8-2002 this was shown as outstanding due in the bill dated 19-9-2002.

(3.) Learned CJM recorded statements under Sections 200 and 202 of the Code and registered the complaint for the offence punishable under Section 420 of the IPC. All the accused persons appeared before the trial Court and they were released on bail.