JESSOP @ COMPANY LTD Vs. M.A. SIDIQI

JUDGEMENT

(1.) This application is directed against the order dated 17.12.2003 in C.P. Case No. 275 of 2003 passed by Judicial Magistrate, Bokaro whereby he took cognizance against the petitioners under section 469 and 471 of the IPC.

(2.) It appears that O.P. No. 2 filed a complaint alleging therein that he entered into an agreement with petitioner no. 1. for supply of workman/ watch-guard. It is further stated that in view of the agreement, a work order issued on 18.2.1994, however, the said work order was amended from time to time lastly on 1.4.1999. It is further alleged that the petitioners/accused unilaterally made variation in the aforesaid work order vide letter dated 26.6.2001. It is further stated that the accused/petitioners have no power to make variation unilaterally in the terms of contract. It is stated that such variation made in the contract with intent to cause financial loss to the complainant and also to harm his reputation. Accordingly, it is alleged that the accused/petitioners committed an offence under section 469 and 471 of the IPC.

(3.) It appears that complainant examined himself on S.A. and also three witnesses during the enquiry under section 202 of the Cr.P.C It further appears that the learned Judicial Magistrate, Vide order dated 17.12.2003 after considering the material prima facie, come to the conclusion that offences under section 469, 471 of the IPC are made out against petitioners, accordingly, he took cognizance and issued process against petitioners. Aforesaid order challenged in the present application.