KEVYA KANTA GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Das, learned Senior counsel for the petitioners and Mr. N.K. Kalita, learned Additional Public Prosecutor for State respondent No.1. Also heard Mr. R. Sarma, learned counsel for respondent No.2.

(2.) By this petition under Section 482 of the Code of Criminal Procedure, 1973, (for short Cr.P.C.'), the petitioners have prayed for quashing of the complaint case being C.R. Case No. 53c of 2015, under Sections 418/420 of the Indian Penal Code, (for short Cr.P.C.'), pending in the Court of learned Judicial Magistrate, 1st Class, Kamrup (M) at Guwahati and the order, dated 2.2.2016, passed in the said case, whereby, cognizance of the offences aforementioned is taken against the petitioners.

(3.) The petitioners' case, in a nutshell, is that the petitioner No.1 is working as a Circle Head and petitioner No.2 was the then Finance Head of Viom Networks Limited which is a registered company engaged in the business of providing infrastructure services to the Cellular Mobile Telephone operators. On 08.01.2015, the complainant/respondent No.2 herein filed a complaint before the Court of learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, alleging, inter-alia, that the accused/petitioners' company, approached the complainant firm namely, Ayush Enterprise in the month of May, 2012 and offered to engage the complainant firm as a service provider to supply diesel as well as maintenance of the various cell sites at different locations as specified by the company and on being approached, the complainant accepted the offer. Accordingly, an agreement was executed between the parties, on 20.05.2012. After execution of the agreement, the complainant started filling diesel and providing maintenance to all the sites shared by the company as per the terms and conditions of the said agreement. It has been further alleged that on 01.11.2012, when the representatives of the complainant firm went to fill diesel at the site, they came to know that another service provider namely, Moka Tower Power Systems Private Limited took over the responsibility of diesel filling contract from the company and had started filling diesel at various locations without serving any notice to the complainant in violation of Clause 14.1 of the agreement, dated 20.05.2016. Thereafter, the complainant firm requested the company to pay their outstanding bills for maintenance and not to give the contract to any other party during the continuation of the contract. Although, the company paid the bills for filling diesel upto 30.10.2012, the company, however, did not pay the outstanding bills on account of maintenance amounting to Rs. 3,14,046.2. Even, thereafter, the complainant firm continued their job of filling diesel upto January, 2013. The further allegation is that on request of the complainant firm, the company allowed the complainant firm to fill diesel and accordingly, continued their services from 21.11.2012 to 20.01.2013. Thus, total outstanding bill for providing service of maintenance from September, 2012 to January, 2013 came to Rs.3,14,046.2 and accordingly, an amount of Rs.19,00,736.74 was due to the complainant firm. It has been further alleged that the complainant on various occasions requested the company to pay the outstanding bills, but the representatives of the company did not respond to it. Thereafter, a legal notice was sent to the company on 04.12.2014, but despite receipt of the notice, the company failed to make any payment of the outstanding amount to the complainant firm/respondent No.2 herein.