2003 (1) TMI 762

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d. against an order dated 3rd May, 2002 passed by the High Court of Jharkhand in Crl.M.P. No. 4780/2001 whereby the High Court dismissed the petition filed by the appellant herein for quashing an order dated 19th June, 2001 whereby cognizance was taken of offence against the appellants under Sections 403, 406, 420 and 120B of Indian Penal Code by the learned Chief Judicial Magistrate, Bokaro. 3. Briefly, the facts are that Bokaro Steel Plant, a unit of Steel Authority of India Limited (for short, SAIL) awarded a contract to M/s. Tata Iron & Steel Co. Ltd. (for short, TISCO), Growth Shop for certain works. TISCO growth shop completed supply part of the work and erection part of the work was entrusted by it to M/s. Tata Construction & Projec....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....iminal complaint for the alleged offences is made out. We have been taken through the complaint as well as out attention has been drawn to the impugned order passed by the Chief Judicial Magistrate and the conforming order of the High Court. After careful consideration of the facts placed on records, it appears to us that the dispute between the parties is of a purely civil nature. The grievance of the complainant is about the failure of TCPL to pay the balance amount under the contract even though according to if the work stands completed. The appellants have disputed this. 5. In our view, what is relevant is that the contract between TCPL and the complainant is an independent contract regarding execution of certain works and even assumin....