The court found that the allegations made in the criminal complaints are prima facie and require a thorough investigation. The documents failed on the twin parameters of reliability and trustworthiness.

JUDGMENT :

S.K. Panigrahi, J.

1. These petitions under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) have been filed with a prayer to quash the proceedings emanating from ICC Case No.33 of 2017, ICC Case No.74 of 2017, ICC Case No.57 of 2018 pending before the learned Sub-divisional Judicial Magistrate, Talcher and ICC Case No.44 of 2019 pending before the learned Sub-divisional Judicial Magistrate, Angul. As the petitions involve the similar facts, they are being decided by this common judgment and order.

2. Shorn of unnecessary details, the facts of the present matter are as follows :

i. The Complainant Company, one M/s Quartz Infra and Engineering Private Limited is engaged in the business of civil engineering and providing construction services. The Complainant Company had undertaken a back to back sub-contract work from one M/s GSR Ventures Private Limited to execute the construction of a boundary wall as well as area grading and leveling work in March 2010 at the newly constructed 2x600 MW Thermal Power Plant belonging to Jindal India Thermal Power Limited (hereinafter referred to as “M/S JITPL”, present Petitioner No.1 in CRLMC No.3184 of 2019, CRLMC No.2085 of 2019, CRLMC No.3059 of 2018 and CRLMC No.2039 of 2017) at Derang, Odisha (hereinafter referred to as the “Derang Power Plant”).

ii. The Complainant Company then entered into six Civil engineering work contracts with M/S JITPL between April 2011 to February 2012 for construction of; peripheral roads and drains, internal roads and drains, security sheds, boundary wall, raw water reservoir extension and execution of the balance work left in the Ash Dyke by M/s GSR Ventures Private Limited, all for the said Derang Power Plant. To that end the Complainant Company submitted three bank guarantees for a total sum of Rs. 2.72 Crores towards security/earnest money for the same.

iii. At the relevant point of time, in December 2012, the work pertaining to the construction of the boundary wall was completed, the work pertaining to the construction of security sheds was closed and the work pertaining to the remaining four contracts i.e. construction of; peripheral roads and drains, internal roads and drains, raw water reservoir extension and execution of the balance work left in the Ash Dyke by M/s GSR Ventures Private Limited was underway.

iv. It is the contention of the Complainant Company, that prior to terminating the contracts with the Complainant Company, M/S JITPL maliciously entered into an understanding with one M/s Sinhotia Metals and Minerals Private Limited (hereinafter referred to as “M/s SMMPL” and present Petitioner No. 1 in CRLMC No.3285 of 2018 and CRLMC No.13 of 2021) in December 2012 itself, to usurp the work contracts from the Complainant Company at the Derang Power Plant at a rate much higher compared to the one awarded to the Complainant Company.

v. Subsequently, the Complainant Company’s contracts with M/S JITPL were unilaterally terminated on 31.1.2013 and the bank guarantees furnished by the Complainant Company fora total sum of Rs.2.72 Crores were encashed on 29.1.2013 without any prior notice or intimation to the Complainant. The Complainant Company was then asked to draw up its final bills after measurement of its work done till 31.1.2013 and vacate the premises of the Derang Power Plant forthwith.

vi. It is the contention of the Complainant Company that despite its strong protest in relation to the manner of the illegal termination of their contracts as well as the fact that M/s SMMPL had already entered into the work site, the Complainant Company who was by this pushed into a corner, was forced to accept the promise of the officers of M/S JITPL who assured them that the entire work site would get measured and the final bill would be processed within 9 days on the meeting dated 6.2.2013.

vii. Pursuant to the same, a joint verification of the work done till 31.01.2013 as well as a measurement of the materials of th