NEKIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail application filed under Section 438 of cr. P. C. by Shri Rajesh Goswami, Advocate on behalf of the petitioners pertaining to f. I. R. No. 280/2009 of police station Anta, district Baran in the offence under Sections 420, 467, 468, 406 read-with Section 120-B IPC. Heard learned counsel for the petitioners, learned counsel for the complainant as also the learned Public prosecutor for the State and perused the record of the case.

(2.) THE factual matrix of the case, in nub, is that the complainant Rakesh Saroha, the power of attorney holder of M/s. Subhash chandra and Company, Gurgaon has been doing the work of digging a pond in Anta. This work was being got done by National Thermal power Corporation Limited (NTPC Limited ). The complainant furnished the bills against the works he did, but the petitioners have not been making the payment thereof. On the contrary, they have been forging the level books, deducting the amount without assigning any reason and delaying the payment causing irreparable loss to the tune of crores to him. It is also alleged that the petitioners have been asking for payment of commission @ 10% of the total amount shown in the bill.

(3.) THE learned counsel for the petitioners has canvassed that the NTPC is a government undertaking and the petitioners are the officers employed there. It is very categorically stated in the MOU scribbled between the parties that any dispute arising with regard to quality of workmanship, or materials used on the work or any other question, claim, right, matter or thing whatsoever, shall be referred to the sole arbitration of the General Manager of NTPC limited. There is an arbitration clause. Hence, from the facts, as narrated in the first Information Report, no offence is made out. The complainant is a contractor, who has been building up a pressure on the petitioners to make false payments. Hence, the petitioners may be granted indulgence of bail.