NAWAL KISHORE PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners in all the three quashing applications and also learned counsel for the State. Notice has been served on the Opposite Party No.2, the Complainant and he has appeared through counsels in two of the cases. The names of the counsels appear in the daily cause list but they have chosen not to appear and contest these applications.

(2.) Prayer in all these applications filed under section 482 of the Code of Criminal Procedure is for quashing the entire criminal prosecution against the petitioners in a complaint case bearing No. C 658/97 pending before Chief Judicial Magistrate, Bhagalpur relating to offences under sections 420, 406 of the Indian Penal Code and also for quashing of order of cognizance dated 30-9-1997.

(3.) On behalf of the petitioners, it has been submitted that a perusal of the entire complaint petition would show that the complainant claims to be a contractor with whom the four petitioners as Engineers and employees under the Bihar State Agriculture Marketing Board entered into an agreement for execution of a civil work and pursuant to such agreement dated 6-9-88 the complainant begun the contract work and was paid an amount of Rs. 1, 75, 234/- but thereafter his work was neither measured nor his outstanding bills were paid and this was followed by the accused persons getting the contract work completed departmentally causing loss to the complainant-contractor to the tune of Rs. 1, 94, 320/- for which he gave notice but in vain.