S.C.SINHO
Ssangyong Engineering and Construction Co. Ltd. – Appellant
Versus
Yograj Infrastructure Limited – Respondent
S.C. Sinho, J.
1. The applicants have filed this petition under Section 482 of Code of Criminal Procedure for quashment of Complaint Case No. 274/2010 passed by JMFC, Narsinghpur whereby the cognizance under Sections 406, 403, 418, 420, 34 of IPC is taken against them vide impugned order dated 5-2-2010.
2. The Respondent/complainant Yograj Infrastructure Limited (hereinafter shall be referred as YIPL) filed a complaint case against applicant Ssangyong Engineering and Construction Co. Ltd. (hereinafter shall be referred as 'SSY') a multinational company before the Court of JMFC, Narsinghpur under Sections 406, 403, 418, 420, 34 of IPC. It is alleged in the complaint that National Highway Authority of India, New Delhi (hereinafter shall be referred as 'NHAI') had awarded a contract for the National Highway Section II Project, (Package Four Laining of Jhansi-Lakhnadon Section KM 297 to KM 351 of NH 26) in the State of Madhya Pradesh. The total contract amount for aforesaid project was more than Rs. 750 crores. The accused No. 1 SSY approached the complainant YIPL and persuaded it to take the part of the project as a sub-contractor for Rs. 2,19,01,16,805/- and enticed the Respondent
1. Veer Prakash Sharma v. Anil Kumar AIR 2007 SCW 4816;
2. Mahesh Chaudhary v. State of Rajasthan (2009) 4 SCC 439;
7. Rajesh Bajaj v. State NCT of Delhi AIR 1999 SC 1216;
8. Nirmaljit Singh Hoon v. The State of West Bengal AIR 1972 SC 2639;
9. Dr. Vimala v. The Delhi Administration AIR 1963 SC 1572;
10. Shivnarayan Kabra v. The State of Madras AIR 1967 SC 986;
11. S. Swamiratham v. State of Madras AIR 1957 SC 340;
14. B.C. Biyani Projects Pvt. Ltd. v. SSY 2010(2) M.P.H.T. 177;
15. Hridaya Ranjan Prasad Verma and Ors. v. State of Bihar and Anr. (2000) 4 SCC 168;
16. Indian Oil Corporation v. NEPC India Ltd. and Ors. (2006) 6 SCC 736;
17. Uma Shankar Gopalika v. State of Bihar and Anr. (2005) 10 SCC 336
3. Ashabai Machindra v. State of Maharashtra (2009) 3 SCC 789;
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