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Magistrate May Peruse the Complaint Without Examining Merits of the Claim Direct Investigation Under 156-3 Crpc

Magistrate May Peruse the Complaint Without Examining Merits of the Claim Direct Investigation Under 156-3 Crpc

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JUSTICE SATHASIVAM & JUSTICE ANIL R DAVE IN THE CASE OF SRINIVAS GUNDLURI & ORS. .Vs. SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION & ORS. REPORTED IN 2010 (9 ) SCR 278 = 2010 (8 ) SCC 206 = 2010 (7 ) JT 534 = 2010 (7 ) SCALE 665
JUSTICE SATHASIVAM & JUSTICE ANIL R DAVE IN THE CASE OF SRINIVAS GUNDLURI & ORS. .Vs. SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION & ORS. REPORTED IN 2010 (9 ) SCR 278 = 2010 (8 ) SCC 206 = 2010 (7 ) JT 534 = 2010 (7 ) SCALE 665

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11/06/2012

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REPORTABLEIN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NO. 1377 OF 2010
(Arising out of S.L.P. (Crl.) No. 3267 of 2010)Srinivas Gundluri & Ors. .... Appellant(s)VersusM/s SEPCO Electric Power Construction ....Respondent(s)Corporation & Ors.
WITHCRIMINAL APPEAL NO. 1378 OF 2010
(Arising out of S.L.P.(Crl.) No. 5095 of 2010)
J U D G M E N T
P. Sathasivam, J.
1)Leave granted.2)The appeal arising out of S.L.P.(Crl.) No. 3267 o2010 is directed against the final judgment dated01.04.2010 passed by the High Court of Chhattisgarh at
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Bilaspur in W.A. No. 281 of 2009 whereby the High Courtdismissed the appeal filed by the appellants herein andthe appeal arising out of S.L.P.(Crl.) No. 5095 of 2010 ispreferred against the interim order dated 27.04.2010passed by the High Court of Judicature of Andhra Pradeshat Hyderabad in Crl. R.C. M.P. No. 1307 of 2010 in Crl.R.C. No. 893 of 2010 staying the order dated 22.04.2010passed by the Chief Metropolitan Magistrate, Hyderabadrejecting the application for extension of transit bail andalso recording of the fact that fraud has been played uponthe Court and resultantly, non-bailable warrant wasissued against respondent No.1 in this appeal for hisarrest and production before JMFC, Korba, Chhattisgrarh.3)The facts leading to the filing of these two appealsare:a)M/s SEPCO Electric Power Construction Corporation(in short “SEPCO”) was engaged in erection of power plantat village Nariyara in Akaltara District Janjgir-Champa.
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SEPCO awarded constructional work to M/s SSVGEngineering Projects Private Limited (in short “SSVG”) theappellants in appeal arising out of SLP (Crl.) No. 3267 of 2010 as per the terms and conditions of the contractsettled between SEPCO and SSVG. The contract value of the work was Rs. 42,92,19,800/- and the work was to becompleted within a period of two months. As per theterms, 50% of the value of the contract was to be paid inadvance. SSVG was required to go ahead with the projectwork immediately. The work order was issued by SEPCOon 16.06.2009. A cheque for a sum of Rs. 20,97,46,840/-towards payment of 50% advance was issued to SSVG on25.06.2009. SSVG wrote a letter on 28.06.2009 to the Dy.General Manager, SEPCO complaining that despiterepeated requests, SEPCO has not handed over the site forcommencing the work and requested to hand over the siteso as to enable it to complete the work within two months.However, SEPCO vide letter dated 29.06.2009 cancelled
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