U B ENGINEERING LTD Vs. JATIN RAJKHOWA

JUDGEMENT

(1.) Heard Mr. D. Das, learned counsel appearing for the petitioners.

(2.) This is an application for quashing of Complaint Case No. CR-740/2002 pending in the court of Chief Judicial Magistrate, Bongaigaon.

(3.) The facts in brief are that the respon- dent complainant is a contractor and he had undertaken sub contract work under Bongaigaon Refinery and Petrochemicals Ltd. The work was undertaken sometime in the year 1995 and according to the complainant, he executed work worth Rs. 60,19,732.48 and it is stated that the complainant was paid some amount and as on 29.9.2000 there is an outstanding amount of Rs. 8,60,000.00. The complainant apprehends that the said amount may not be released to him as several requests were made by him to accused persons but to no effect. The complainant, therefore, approached the court for prosecution of the accused petitioners as they have cheated the complainant by way of non payment of outstanding balance amount.