Honble MATHUR, J.–By way of these two petitions under Section 482 of the Code of Criminal Procedure, petitioners seek direction to quash the order dated 20.10.2001 passed by the Additional Chief Judicial Magistrate, Dungarpur taking cognizance against them for offence under Section 420, 468 & 471 I.P.C. At the relevant time the first petitioner Narendrapal Kotadia was posted as Executive Engineer, National High Way, Udaipur, second petitioner Pradeep Kumar Assistant Engineer and third petitioner Ashok Kumar as a J.En. In another petition Gumani Ram, Vinod Kumar and Mahendra Kumar are the persons belonging to M/s. G.R. Agarwal.

(2). Briefly stated the facts of the case are that one Krishan Kumar Gupta a Contractor filed a complaint in the court of Additional Chief Judicial Magistrate, Dungarpur on 2.5.2000 stating inter alia that in April, 1998 the Additional Chief Engineer P.W.D., National High Way No. 8 invited tenders for constructions of the road. The tender of M/s. G.R. Agarwal for a sum of Rs. 77,14,699/- was accepted. As per the terms of the contract the Firm was to undertake the construction work as per the Censor Paver system. However, the company instead of Censor Paver Sys

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