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2018 Supreme(Bom) 3

C.V.BHADANG
Mahesh Chandra Agrawal – Appellant
Versus
Rishi Kumar, Chief Engineer, Military Force, Allahabad – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Shri S.G. Bhobe, R. Menezes

JUDGMENT :

The challenge in this petition under section 482 of the Code of Criminal Procedure (Code, for short) is to the order dated 18/10/2008 passed by the learned Judicial Magistrate First Class at Vasco in Private Criminal Complaint No.78/P/96/B. By the said order, the learned Magistrate has dismissed the complaint filed by the petitioner against the respondent alleging commission of offences under section 379, 380, 382, 403, 415, 407,427, 447, 448, 451, 452, 461, 506 (Part II) r/w 141 of I.P.C. That order has been confirmed by the learned Sessions Judge vide judgment and order dated 25/1/2010 in Criminal Revision Application No.15/2009.

2. The brief facts are that the petitioner is a proprietor of M/s. Shyam Agarwal & Sons and is carrying on business as Engineers and Builders undertaking civil construction works and other engineering works. The petitioner was awarded three contracts by the Chief Engineer Kochin Zone for construction of residential accommodation at Vernapuri, Vasco. In pursuance of the said contract, the petitioner firm was put in possession of the site at Vernapuri, Vasco. In the course of the construction work, the petitioner had employed several workers and h














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