BHAGWAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In both the cases, order of cognizance dated 19.1.2001 passed in Complaint case No. 673 C of 2000 by the Judicial Magistrate, Patna is under challenge and as such both the petitions were heard together and are being disposed of by this common judgment.

(2.) By order dated 19.1.2001, the learned Judicial Magistrate, Patna had taken cognizance of offence under Sections 406 and 420 of the Indian Penal code and summoned the petitioners to face trial in Complaint Case No. 673 C of 2000.

(3.) Short fact of the case is that a complaint vide Complaint Case No. 673C of 2000 was filed on behalf of B Gates Infotech System Integrators Private Limited through its Director Mr. Manoj Kumar Saraf for the offence under Sections 406, 417, 418 and 420 of the Indian Penal Code against five accused persons, namely, (1) Government Polytechnics, Darbhanga, (2) Mr. Bhagwan Singh, Principal, Government Polytechnic, Darbhanga, (3) Gopal Prasad Varma, Ex Principal-in-charge, Government Polytechnic, Darbhanga, (4) N. Mishra, Ex Principal-in-charge, Government polytechnic, Darbhanga and (5) B. Singh, Incharge, Computer Lab, Government Polytechnic, Darbhanga. It was disclosed in the complaint petition that a contract work was allotted to M/S HCL HP Ltd. by the State Project Implementation Unit of Science and Technology Department, Government of Bihar. Thereafter, the complainant was appointed as Sub Contractor by HCL HP Ltd. for preparing Computer Lab by executing civil and electrical works as per the order of State project Implementation Unit of Science and Technology Department, Government of Bihar. It has been alleged by the complainant that beyond the specification, the accused persons persuaded the complainant to execute some more work. As per agreement, the payment of excess work was to be made by the local institution. It has been alleged that after completing even additional work, the complainant presented different bills for total amount of Rs. 76,388/ -. However, the accused persons never made payment to the complainant. On the aforesaid allegation, complaint was filed on 4.5.2000. After filing the complaint, complainant examined two witnesses in support of the complaint, besides being examined on solemn affirmation on oath. Thereafter, the learned Magistrate, by its order dated 19.1.2001, has taken cognizance against Shri Bhagwan Singh, who is petitioner in Cr. Misc. No. 34963 of 2002, Nareshwar Mishra and Bhuwneshwer Singh, both petitioners in Cr. Misc. No. 19023 of 2003.