BEENA GOYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both criminal misc. petitions under Sec. 482 Cr.P.C. have been filed seeking to quash the FIR No. 136/2012 registered at Police Station Bhiwari Phase-III, District Alwar for offences under Ss. 420, 406 IPC and consequential proceedings in pursuance thereof.

(2.) Learned Counsel for petitioners pointed out that one contract was awarded by UIT in favour of M/s. Ramesh Kumar Bansal through proprietor Ramesh Kumar Bansal, on whose behest the impugned FIR has been registered. Pursuant to that contract, one MOU was entered into between M/s. Ramesh Kumar Bansal and M/s. Divija Infrastructure Pvt. Ltd. to carry out the construction at site. Both petitioners are directors in the Board of Directors of M/s. Divija Infrastructure Pvt. Ltd. It has been pointed out that the allegation against petitioners are that Rs.steal rod' measuring about sixty tons were missing at site though the payment of that material has got been released from the UIT. Hence, a grievance was raised by and on behalf of M/s. Ramesh Kumar Bansal firm for suffering a financial loss to the worth of misplaced material of Rs.steal rod'.

(3.) Learned Counsel for both parties submit that apart from the impugned FIR, arbitration proceedings were separately commenced between the parties in connection with the breach of MOU and claiming outstanding amount against each other.