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2000 Supreme(Raj) 1395

ARUN MADAN
Vivek Garg – Appellant
Versus
State – Respondent


JUDGMENT

1. - By This misc. petition, the petitioners (accused) has prayed for quashing FIR No. 273/2000 dated 7/6/2000 registered at P.S. Lalsot Distt. Dausa for offences under Sections 420, 421 and 120B IPC on the basis of criminal complaint lodged by complainant Shri Ramesh Chand before the learned judicial Magistrate Lalsot who sent the aforesaid complaint for investigation under Section 156(3) Cr. PC. In the complaint it was inter alia alleged that accused petitioner No. 2 (Vijay Kumar) had entered into a contract to work out construction of PHC in village Daulatpura, thereby he got labour work done through complainant for aforesaid construction which was completed but the petitioners withheld payment of Rs. 48,000/- due towards labour charges and despite persistent reminders and notice, they did not pay the said amount, and ultimately the petitioner No. 2 executed a note in writing on stamp paper on 29/9/99 undertaking and promising to make due payment within fifteen days. However, the petitioners did not make payment despite written promise on stamp paper. Therefore, the complainant lodged written complaint on 1/6/2000 before the Judicial Magistrate Lalsot who sent the same






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