Sandeep Mehta, J. - (1.) Heard learned counsel for the petitioner, learned Public Prosecutor assisted by the Investigating Officer and learned counsel for the complainant respondent No. 2. Perused the material available on record.
(2.) By way of this petition under Section 482 Cr.P.C., the petitioner herein has approached this Court for assailing the F.I.R. No. 283/2016 registered at the Police Station Balotra, District Barmer for the offences under Sections 420, 409 and 120B of I.P.C.
(3.) Facts in brief are that a contract was entered into between the petitioner i.e. M/s. Shivam Water Treaters Pvt. Ltd. being the contractor and the respondent No. 2 complainant being the owner of an industrial unit named Vinod Industries of Balotra on 14.10.2015 with the object and purpose of setting up a 600 KLD effluent treatment plant at the industrial unit of the complainant. The essential and relevant terms of the contract which are germane for deciding the controversy at hand are reproduced hereinbelow for the sake of ready reference: "Payment Terms for Turnkey Contract 25% advance along with purchase order, 25% against submission of G.A. drawing for the project within 1 week time, 30% after order date within 2 weeks time, 15% against inspection held at our work prior to dispatch, 05% against successful erection and commissioning of the plant." Payment upon Termination If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the VI will issue a certificate for the value of the work done less advance payments received up to the date of the issue of the certificate, less other recoveries due in terms of the contract, less taxes due to be deducted at source as per applicable law and less the percentage to apply to the work not completed. Additional Liquidated Damages will not apply. If the total amount due to the VI exceeds any payment due to the Contractor the difference will be a recoverable to the VI. If the Contract is terminated at the VI's convenience or because of a fundamental breach of Contract by the VI, the Engineer will issue a certificate for the value of the work done, the reasonable cost of removal of Equipment, repatriation of the Contractor's personnel employed solely on the Works, and the Contractor's costs of protecting and securing the Works and less advance payments received up to the date of the certificate, less other recoveries due in terms of the contract and less taxes due to be deducted at source as per applicable law.";