T S RAJAMONI Vs. RANDIP BARUA

JUDGEMENT

(1.) Heard Mr P. Barthakur, learned counsel for the petitioner and Mr. J. M. Choudhury, learned counsel for the respondent.

(2.) This application under S. 482, Cr. P.C. has been filed by the petitioner-Shri T. S. Rajamoni praying for quashing of Complaint Case No. 188C/93 pending in the Court Chief Judicial Magistrate, Kamrup, Guwahati.

(3.) Complaint Case No. 188C/93 was filed by the respondent-complainant alleging inter alia that agreement was executed between the complainant and the accused-company to fabricate design and supply machinery, erect and Commission Cement Plant at Hundung in East Manipur District. The total value of the contract was initially at Rs. 85 lakhs and subsequently it was raised to Rs. 118.25 lakhs. The complainant-company made certain payment; but the work was not executed. However, the accused-company dishonestly induced the complainant-company to believe that the project would be completed as per the agreement and the complainant-company believing on such inducement parted with huge amount of money; but the accused person had some dishonest intention and after receiving the money they have failed to complete their part of the contract.