EAST INDIA UDYOG LTD Vs. STATE OF HARAYANA

JUDGEMENT

(1.) The compendium of the facts, which needs a necessary mention for the limited purpose of deciding the sole controversy involved in the instant petition and emanating from the record, is that the petitioner East India Udyog Limited (for brevity "the petitioner-company") was engaged in manufacturing and repairing of electric transformers. It supplied over 5000 transformers to Haryana State Electricity Board (for short "the HSEB"). It was supposed to rectify the defects during the guarantee period in normal routine. About 50 transformers of complainant Dakshin Haryana Bijli Vitran Nigam Limited (in short "the DHBVNL") (respondent No. 2) were found defective/burnt and petitioner-company was required to remove the defects. The estimated cost of these transformers was stated to be Rs. 6 lacs.

(2.) According to the DHBVNL that petitioner-company picked up the indicated defective transformers on 14.12.1998 for repair, which were required to be returned in a working condition within a period of 45 days. The petitioner- company has neither repaired nor returned the transformers within the stipulated Criminal period, causing huge loss to it (DHBVNL).

(3.) Levelling a variety of allegations and narrating the sequence of events, in all, the complainant-DHBVNL claimed that petitioner-company has cheated it, illegally retained its transformers, which were neither repaired nor returned, causing huge loss to it. That being the position and in the wake of complaint by the complainant Assistant General Manager of DHBVNL, the present case was registered against the petitioner-company, by means of FIR, bearing No. 650 dated 4.12.2008 (Annexure P1) on accusation of having committed the offence punishable under section 406 IPC by the Police of Police Station Sector 7, Faridabad. After completion of investigation, the police has already submitted the final police report against the petitioner-company.