VIRUPAKSHA ELECTRICALS PVT. LTD. Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Petition is filed by the petitioners/A1 and A2 under Section 482 of Cr.P.C., seeking to quash the proceedings initiated against them in C.C.No.834 of 2015 on the file of the XVII Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad.

(2.) The facts in issue are as under:

(3.) The 2nd respondent/complainant (hereinafter referred to as the "2nd respondent Company") filed a private complaint against the petitioners/A1 and A2 before the XVII Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad, for the offences punishable under Section 499 read with Section 500 of I.P.C., alleging therein that the 2nd respondent Company is doing business throughout India. During the course of its business, the 2nd respondent Company was awarded with a Contract of "Rajiv Gandhi Grameen Vidyuth Karan Yojna" work in Bijapur District, Karnataka State, from Hubli Electricity Supply Company Limited vide a letter of award No.HESCOM/SEE(T &P)/E-3/DWA/RGGVV4(A)/Bijapur/1562/ 0506. The 2nd petitioner/A2 representing the 1st petitioner/A1 approached the 2nd respondent Company and requested that he may be awarded a job work of the part of the above work. The 2nd respondent Company awarded part of the above job work at Indi Taluq of Bijapur District. As the petitioners/A1 and A2 failed to execute the job work, the 2nd respondent Company terminated the agreement. Subsequently, the remaining left over work was entrusted to third party. The 2nd respondent Company has sustained huge loss due to failure on the part of the petitioners/A1 and A2 to execute the work within the time frame. It is further stated that subsequently the petitioners/A1 and A2 approached the 2nd respondent Company and requested to award further contract. In order to help them from financial troubles, the 2nd respondent Company paid a sum of Rs.33,50,171/- through three cheques bearing Nos.(1) 817934 for Rs.10.00 lakhs, (2) 817987 for Rs.10,90,171/- and (3) 891560 for Rs.12,60,000/-. However, no work has been awarded to the petitioners/A1 and A2 and the said mobilization advance amount converted as loan and the petitioners/A1 and A2 promised to repay the same within a short time or adjust in future works. It is further submitted that the 1st petitioner/A1 represented by the 2nd petitioner/A2, who is the Managing Director of the 1st petitioner/A1, with a dishonest and malafide intention, to defame the 2nd respondent Company and its Directors and Managing Directors and to cause deliberate and malicious intention of attacking the 2nd respondent Company and to bring down the reputation in the society, addressed a letter, dated 07.06.2015, to the Assistant General Manager, Indian Overseas Bank, Mid Corporate Branch at 8-2-120/117/S-1, 1st floor, Punnaiah Plaza, Road No.2, Banjara Hills, Hyderabad, with all baseless allegations against the 2nd respondent Company and also making the following imputation: