SATISH KUMAR MITTAL,J - (1.) INITIALLY , the petitioner had filed this petition under Articles 226/227 of the Constitution of India, which was treated as one under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), vide order dated February 25, 2005, passed by this Court.
(2.) M /s Larsen and Toubro Limited (hereinafter referred to as the petitioner company) has filed this petition for issuing direction to respondents No. 1, 2 and 5 to register an FIR against M/s Abhishek Industries Limited-respondent No. 6 (hereinafter referred to as the respondent company) and its Director Rajinder Gupta-respondent No. 7, for committing the offence of criminal breach of trust, cheating, criminal intimidation, forcible taking of signatures in order to commit fraud/extortion, mis-appropriation of equipments, material and machinery of the respondent company and for false implication of the petitioner company in a criminal case, which were committed by them on 27.7.2004 and 28.7.2004. The facts and events, which are necessary for the disposal of this case, are re-produced in chronological order.
(3.) THE petitioner company entered into a contract on 14.11.2003 with the respondent company for the construction of weaving and processing unit of the respondent company at Village Dhaula, Barnala (Punjab). As per the terms of the contract, the said work was required to be completed by the petitioner company by 30.4.2004, which was subsequently extended upto 31.7.2004. It is the case of the respondent company that in a meeting held between the petitioner company and the respondent company on 27.7.2004, it was agreed that the petitioner company would complete the work and wind up the site by 31.8.2004, failing which the petitioner company shall not be given further opportunity and the balance work shall be completed at the risk and cost of the petitioner company. Though it is the case of the petitioner company that signatures of Shri S. Subramaniam, their Construction Manager, were taken forcibly under duress, but the matter was not reported to the police on the same day or on the next day.;