LAWS(P&H)-2006-1-10

M S AHUJA Vs. AMI CHAND

Decided On January 17, 2006
M.S.AHUJA Appellant
V/S
AMI CHAND Respondents

JUDGEMENT

(1.) Vide this petition under Section 482, Cr. P.C. the petitioner seeks quashing of complaint. Annexure P-1 and the proceedings arising therefrom.

(2.) The facts in brief are that petitioner was posted as Superintending Engineer (Mechanical Construction) while complainant was working as Upper Division Clerk (Head Office Cadre) in the Accounts Wing/Construction, PTPP, HSEB, Panipat. Complainant was entrusted with the job of checking bills received from Engineering Department. Panipat, Thermal Power Project and to find if there were any deficiencies. Complainant had been making his independent noting with regard to deficiencies on the official file, which was not liked by the Superintending Engineer and he pressurized the complainant not to make such noting and, therefore, the accused was bearing malice against the complainant. A bill of M/s. Nand Lal Raj Kumar, Contractor was sent to the Accounts Wing which came to the complainant for its checking. He found many deficiencies and shortcomings in the bill which he noted down on the noting sheet of the concerned file. He sent the noting sheet to the accused through proper channel. The accused out of malice and ill-will against the complainant, made defamatory remarks on the margin of the noting sheet, which read as under :-

(3.) Mr. K. D. S. Hooda, Advocate, appeared for the petitioner. However, none appeared on behalf of the respondent. Even no reply has been filed in spite of the petition being pending since 1992.