Back
2018 Supreme(Raj) 235
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP MEHTA, J.
Nidhi Gupta D/o Rajendra Prasad Gupta & Ors. - Petitioners
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc(Pet.) No. 637 of 2017
Decided On : 10-01-2018
For the Petitioners:Mr. Mahesh Bora, Sr. Advocate with Mr. Parinay Deep Shah, Mr. Nishant Bora, Mr. M.S. Rajpurohit
For the Respondent: :Mr. V.S. Rajpurohit, P.P. with Mr. Jainarayan, I.O.,. Mr. G.R. Poonia, Sr. Advocate with Mr. Farzand Ali.
Headnote:
Criminal Procedure Code, 1973 - Section 482 – Indian Penal Code, 1860 - Sections 420, 406 and 120B - Seeeking for quash - Cheating – Commits criminal breach of trust - This petition under Section 482 Cr.P.C., the petitioners being the Directors of a firm named M/s. Range Power Experts Pvt. Ltd., have approached this Court for assailing the F.I.R. No.22 registered at the instance of the respondent No.2 complainant Vishwas Sharma against the petitioners for the offences under Sections 420, 406 and 120B I.P.C. at the P.S. Pokaran and all subsequent proceedings sought to be taken thereunder. - Held, The said fact is hardly of any relevance while considering a petition filed under Section 482 Cr.P.C. for quashing of the F.I.R., because bail is a matter of moment whereas, while considering a petition for quashing of proceedings, this Court is required to apply its mind to the merits of the case so as to find out whether allegations of the complainant constitute the necessary ingredients of the offences alleged or not. Thus, the rejection of the pre-arrest bail filed on behalf of the accused cannot prejudice the decision of this misc. petition in any manner whatsoever. In the judgment of Vesa Ram (supra), the Honble Supreme Court considered almost a similar set of facts and quashed the proceedings undertaken against the accused for the offence under Section 420 I.P.C. considering the aspect that the complainant failed to make out a case regarding the accused having intention to cheat right at the inception of the contract. Same is the situation in the case at hand. – Petition allowed.
1. By way of this petition under Section 482 Cr.P.C., the petitioners being the Directors of a firm named M/s. Range Power Experts Pvt. Ltd., have approached this Court for assailing the F.I.R. No.22 dated 3.2.2016 registered at the instance of the respondent No.2 complainant Vishwas Sharma against the petitioners for the offences under Sections 420, 406 and 120B I.P.C. at the P.S. Pokaran and all subsequent proceedings sought to be taken thereunder.
2. The fulcrum of the controversy revolves around a work order executed inter-se between the parties on 8.6.2015, the language whereof is relevant for deciding the instant misc. petition and is hence being reproduced hereinbelow in succinct:
“A. Scope of Work:
S. No.
Item/Description
Qty
Rate per MW
Total amount
Providing and monitoring of site through suryodya, software developed by Tejas Engineering for single point monitoring of different projects, for data retention period of one year from the date of agreement.
1.
Version1:
50 MW
10000/-
Rs.500000/-
2.
Version2:
50 MW
4000/-
Rs.200000/-
Total Price
700000(Seven Lac Only)
Version 1:
For professional monitoring of site by providing followings:-
(I) Recording of PV data from all the inverters
(II) All device access including mobile and tablets
(III) Ability to add multiple sites on one dashboard
(IV) Ability to add multiple plants on one dashboard
(V) Live inverter stats with live chart of following:-
(A) Power DC and power AC
(B) Voltage AC and voltage DC
(C) Ampens AC and DC
(D) Temperature
(E) Status
(F) Frequency of inverter
(G) KWH
(H) MWH
(I) Total production in a day (KWH produced)
(J) Inverter efficiency
VI. Live event highlighting
(A) Inverter Trip
(B) Inverter status change alert
(C) Low Production Alert
(D) Over Temperature Alert
VII. Monthly and daily report
(A) Daily inverter performance report
(B) Monthly inverter performance report
(C) Email daily production report of plants
(D) Daily Cumulative plant performance report
(E) Monthly Cumulative plant performance report
VIII. Chart selection
(A) Monthly chart (Bar graph)
(B) Yearly chart (Bar graph)
(C) Weekly chart (Bar/area graph)
(D) Daily chart (Area graph)
IX. Inviting other users to view a sub plant within the site] (Invitation to version 2)
X Sending SMS/Email of important alerts to predefined numbers/email ID
XI. Daily data would be stored for one year
XII. Customized polling time
Polling Time
Device
1 min
Inverter
1 min
Weather Station
15 min
SMB
15 min
Transformer
15 min
VCB
15 min
Other Devices
Monthly
Joint Meter Reading
Version2:
For owner of the plant:-
(I) Basic production data would be presented beer
(II) Weekly production graphs/Monthly production graphs/Yearly production graphs
(III) Data Retention for one year
B. Terms and Condition
1. All taxes are at actual
2. 3 years Free service and feature request should be provided. Addition of feature requested would be dependent on feasibility of feature and only to enhance monitoring capabilities of Suryodya Travel charges and accommodation shall be in our scope.
3. Travel charges and accommodation shall be in our scope.
4. In case travel charges and accommodation not provided, then all expenditure incurred will be payable extra at the rate of Rs.3000/- per day which shall be paid on every week ending by the company.
5. Tejas Engineering will not be liable because of delay caused by hardware provided by Rays Power Expert, which included but not limited to PLC, PLC programming, malfunctioning devices like SMB, Transformer, Weather Station or any other device etc.
6. The data would be retained for one year. If meanwhile period is not extended. Tejas Engineering shall not be liable to provide the software/data after expiry of data retention period
7. Tejas Engineering shall not be liable for any d
