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4. Pursuant to various contracts entered into between respondent No. 1 and MSEB in the year 1993-94 for installation of "Low Tension Load Management Systems" (for short "LTLMS"), MSEB issued a work order on 27th March 1997 whereby respondent No. 1 was required to install at various locations and lease out 47,987 LTLMS to MSEB for a period of 10 years at a monthly rent of ` 825/- for the first six years, and about ` 650/- per month for the remaining four years.

6. During the validity period of the contract, various disputes arose between respondent No.1 and MSEB. On 19th February 1999, respondent No.1 partially terminated the contract, conveying to MSEB that it would not install any more LTLMS, and would only maintain the installed items.

7. On 21st April 1999, respondent No.1 terminated the contract in entirety.

Nevertheless, they offered to maintain the installed objects provided MSEB continued to pay rent during the duration of the work order. As the dispute arose between respondent No. 1 and MSEB vide order dated 5th May 1999, the High Court of Bombay referred the disputes to Arbitral Tribunal.

The Complainants say and submit that the Ld. Arbitrators have thus held that the said endorsement was fabricated and was admittedly tendered in evidence by the Accused No.1 acting under the control and management of Accused Nos. 2, 3, 4 and
5. The Accused No. 6 was particularly responsible for the conduct of the MSEBs officers in the Shirpur Section which falls under the Dondaicha Division of Dhule District. The Complainants say and submit that the Accused acted with common criminal intent to falsify and fabricate the said endorsement with the intention to support the case of the Accused No. 1 that the equipment was installed by the Complainant No. 1 without the presence of the officers of the MSEB. The Complainants say and submit that the said action was therefore clearly intended to pervert the course of justice and misled (sic) the Ld. Arbitrator into entertaining in erroneous opinion touching upon the point of material determination as to whether the Complainant No. 1 had installed the equipment without the presence of the MSEBs Section-in-charge. The Complainants say and submit that the Accused fabricated false evidence which has been tendered by them in the course of judicial proceedings before the Ld. Arbitrators and the Accused are guilty of offence u/s 192, 199 r/w Sec. 34 of the Indian Penal Code. The Complainants say and submit that the Accused acted with common criminal intention to play fraud on the Ld. Arbitral Tribunal and deny justice to the Complainant No. 1."
(ii) Making of a false statement in such declaration knowing or believing it to be false.
(iii) Such false statement must be touching any point material to the object for which the declaration is made or used."

28. A bare perusal of the complaint shows that the gravamen of the allegation is that a fabricated document containing the offending endorsement was tendered in evidence before the Arbitral Tribunal on behalf of MSEB by accused No. 6, who was in-charge of Shirpur section. It is evident from the afore-extracted paragraphs of the complaint that other accused have been named in the complaint because, according to the complainant, MSEB-accused No. 1 was acting under their control and management. It bears repetition that the only averment made against appellant No. 2 is that appellant No.1, i.e. MSEB was acting under the control and management of appellant No. 2 along with other three accused. There is no denying the fact that appellant No. 2 happened to be the Chairman of 22 AIR 1964 SC 725.