JUDGMENT - A.B. PALKAR, J.:---All these three petitions have been filed by the accused in C.R. No. 44 of 1995 in respect of which Criminal Case No. 69/P of 2000 and Case No. 429 of 1994 of Thane, which have been merged in the aforesaid Case No. 69/P of 2000, pending before the learned Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Bombay, for quashing of the prosecution.

2. Pyarelal Ramkishore Prajapati is the main accused and was the only accused when complaint was filed on behalf of M/s. Arcade (I) Pvt. Ltd. by one M.G. Ramchandra, who is now joined as a party respondent to the above petitions and would hereinafter be referred to as “respondent” or “complainant” whereas petitioner would be referred to as “petitioner” or “accused” for the sake of convenience.

3. The case of the prosecution in brief is that petitioner entered into an agreement with the respondent on 11-5-1987. On record there is no detailed agreement as is normally found in case of building construction but the booking memo is treated as agreement and there is no dispute between the parties that this was entered into on 11-5-1987. The said document states that this is to confirm and record that they

Click Here to Read the rest of this document