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Udai Shankar Awasthi Vs. State of U.P. [09/01/13]

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[Criminal Appeal No. 61 of 2013]. [Criminal Appeal No. 62 of 2013]. Both these appeals have been preferred against the impugned judgment and order dated 13.3.2012, passed by the High Court of Judicature at Allahabad in Criminal Misc. Application No. 41827 of 2011, by which the High Court has rejected the petition filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.') for quashing the proceedings in Complaint Case No.628 of 2011 (Sudha Kant Pandey v. K.L. Singh & Anr.) under Sections 403 and 406 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'). Facts and circumstances giving rise to these appeals are: M/s. Manish Engineering Enterprises of which respondent No.2, Sudha Kant Pandey, claims to be the proprietor, was given a work order by M/s. Indian Farmers Fertilizer Cooperative Ltd. (hereinafter referred to as "IFFCO"), Phulpur unit, on 1.2.1996 for the purpose of conducting repairs in their plant worth an estimated value of Rs.13,88,750/-. The said work order was subsequently cancelled by IFFCO on 7.2.1996. Aggrieved, M/s. Manish Engineering Enterprises made a representation dated 21.3.2001, to IFFCO requesting it to make payments for the work allegedly done by it. As there was no response from the management of IFFCO, the said concern filed Writ Petition No. 19922 of 2001 before the High Court of Allahabad, seeking a direction by it to IFFCO for the payment of an amount of Rs.22,81,530.22 for alleged work done by it.

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