SANDEEP MEHTA,J. - (1.) By way of this petition under Section 482 Cr.P.C., 1973 the petitioners being the Directors of a firm named M/s. Range Power Experts Pvt. Ltd., have approached this Court for assailing the F.I.R. No. 22 dated 3.2.2016 registered at the instance of the respondent No. 2 complainant Vishwas Sharma against the petitioners for the offences under Sections 420, 406 and 120B I.P.C. at the P.S. Pokaran and all subsequent proceedings sought to be taken thereunder.
(2.) The fulcrum of the controversy revolves around a work order executed inter-se between the parties on 8.6.2015, the language whereof is relevant for deciding the instant misc. petition and is hence being reproduced here-in-below in succinct: "A. Scope of Work: JUDGEMENT_362_LAWS(RAJ)1_2018_1.html Detailed Scope: Version 1: For professional monitoring of site by providing followings:- I. Recording of PV data from all the inverters II. All device access including mobile and tablets III. Ability to add multiple sites on one dashboard IV. Ability to add multiple plants on one dashboard V. Live inverter stats with live chart of following:- (A) Power DC and power AC (B) Voltage AC and voltage DC (C) Ampens AC and DC (D) Temperature (E) Status (F) Frequency of inverter (G) KWH (H) MWH (I) Total production in a day (KWH produced) (J) Inverter efficiency VI. Live event highlighting (A) Inverter Trip (B) Inverter status change alert (C) Low Production Alert (D) Over Temperature Alert VII. Monthly and daily report (A) Daily inverter performance report (B) Monthly inverter performance report (C) Email daily production report of plants (D) Daily Cumulative plant performance report (E) Monthly Cumulative plant performance report VIII. Chart selection (A) Monthly chart (Bar graph) (B) Yearly chart (Bar graph) (C) Weekly chart (Bar/area graph) (D) Daily chart (Area graph) IX. Inviting other users to view a sub plant within the site (Invitation to version 2) X. Sending SMS/Email of important alerts to predefined numbers/email ID XI. Daily data would be stored for one year XII. Customized polling time. JUDGEMENT_362_LAWS(RAJ)1_2018_2.html Version 2: For owner of the plant:- I. Basic production data would be presented bere II. Weekly production graphs/Monthly production graphs/Yearly production graphs III. Data Retention for one year B. Terms and Condition 1. All taxes are at actual 2. 3 years Free service and feature request should be provided. Addition of feature requested would be dependent on feasibility of feature and only to enhance monitoring capabilities of Suryodya Travel charges and accommodation shall be in our scope. 3. Travel charges and accommodation shall be in our scope. 4. In case travel charges and accommodation provided, then all expenditure incurred will be payable extra at the rate of Rs. 3000/- per day which shall be paid on every week ending by the company. 5. Tejas Engineering will be liable because of delay caused by hardware provided by Rays Power Expert, which included but limited to PLC, PLC programming, malfunctioning devices like SMB, Transformer, Weather Station or any other device etc. 6. The data would be retained for one year. If meanwhile period is extended. Tejas Engineering shall be liable to provide the software/data after expiry of data retention period 7. Tejas Engineering shall be liable for any damages on failure to rectify the defects by the company despite providing necessary data to the authority within time period 8. The software shall in no case be transferred or sub-lated to other agency without prior permission of Tejas Engineering. In case any tempering or misuse of software provided by us noticed during the currency of agreement period same shall be treated as breach of the contract and company shall be liable for compensation thereof. 9. In case, any dispute or differences arising out during the currency of agreement period, same shall be referred to the third party to be appointed as "Arbitrator" in terms of Indian Arbitration and Conciliation Act with mutual consent of both the partied for settlement of disputes/differences. The decision of arbitrator shall be final and binding on both the parties. 10. In the event of any disputes arising between both the parties thereto in respect of any matter Jurisdiction of court shall be Rajasthan High Court at Jodhpur (Rajasthan). Subject:Work Order for AMC of solar SCADA with all network installation of wireless sensor for MODBUS and SMB Dear Sir, In reference to the discussions with you, on the subject matter, we are pleased to place this detailed work order, on the following terms and conditions. A. Scope of Work: JUDGEMENT_362_LAWS(RAJ)1_2018_3.html
(3.) On a bare perusal of language of the contract and the terms and conditions settled between the parties, it is apparent that the total work order was for a sum of Rs. 48,40,440/-. The complainant was mandated under the contract to install the entire solar SCADA system within 45 days and to provide statistics of PV data to the accused firm for a period of 12 months and also to retain data of the solar energy generated over the said period. The complainant started installation of the solar supervisory control and data acquisition system (for short "SCADA") at the work site in Pokaran as per the terms of the contract. However, it appears that the undertaking between the parties started deteriorating in October 2015 even before the data collection work could be initiated under the project and thus, the petitioners gave a final notice of cancellation to the complainant on 21.11.2015. It is relevant to mention here that as per the work contract, commissioning of the hardware and machinery was required to be finished within a period of 45 days from the date of issuance of the work order and thereafter, the data collection and transmission was to ensue. Significantly enough, the work order does account for any cost to be borne towards the software required for the project which presumably was for the second party i.e. the complainant herein to bear. Needless to say that before venturing into such a huge project involving installation and operation of complex electronic systems, the contractor concerned would have to be equipped with an appropriate software, well in advance so as to meet the stipulated targets. Be that as it may. Excerpts of whatsapp messages exchanged inter-se between the complainant and the accused well before issuance of the termination letter dated 21.11.2015 form an integral part of the notice dated 27.11.2015 given by the complainant to the accused and have a material bearing on the controversy at hand. Hence, the same are reproduced here-in-below for the sake of ready reference:- "6 Nov 2015 Can we meet tomorrow morning At 11'O clock 7 Nov 2015 Hello Pls come after 2 pm now I am going to bank now Ok train got delayed will meet at 2 now Ok no issue Reached office Waiting in office ?? I have a train to catch We are taking the unused material from the site tomorrow and will let you know the details of what has been used by your team";