RAJESHWAR SABARWAL Vs. STATE OF H.P.

JUDGEMENT

(1.) Present criminal revision petition is filed under Ss. 397 read with Sec. 401 of Code of Criminal Procedure against order dated 21.3.2015 passed by learned Additional Chief Judicial Magistrate Kasauli District Solan H.P. in case No. 53/2 of 2014 title State of H.P. v/s. Rajeshwar Sabarwal registered under Sec. 420 of Indian Penal Code 1860.

(2.) There is recital in final police report filed under Sec. 173 of Code of Criminal Procedure 1973 that w.e.f. 16.01.2011 to 01.03.2012 there was business transaction between the complainant Chuni Lal Chauhan and accused relating to business of apples and mangoes. There is recital in police report that accused Rajeshwar Sabarwal had purchased 276853 boxes of apples and mangoes from complainant Chuni Lal Chauhan. There is also recital in police report that total cost of 276853 boxes was Rs. 467315977/ - (Rupees Forty six crore seventy three lacs fifteen thousand nine hundred and seventy seven only). There is further recital in police report that accused Rajeshwar Sabarwal had paid an amount to the tune of Rs. 254399480/ - (Rs. Twenty five crore forty three lacs ninety nine thousand four hundred and eighty only). There is recital in police report that accused Rajeshwar Sabarwal did not pay an amount to the tune of Rs. 212916497/ - (Rupees twenty one crore twenty nine lacs sixteen thousand four hundred and ninety seven only) to complainant Chuni Lal Chauhan. There is further recital in police report that accused Rajeshwar Sabarwal told that he was retired from army from the post of Colonel and is running the business in the name of Tara Business Group. There is recital in police report that accused also told that accused used to supply apples to army and on 06.05.2011 complainant Chuni Lal Chauhan was invited in the function of Punjab University Chandigarh and complainant was honoured with best apple supplier to defence authorities. There is recital in police report that during investigation it was observed that accused Rajeshwar Sabarwal was not retired as Colonel from army. There is also recital in police report that accused Rajeshwar Sabarwal with dishonest intention of cheating informed the complainant that accused was retired from army from the post of Colonel. There is further recital in police report that accused Rajeshwar Sabarwal was not Colonel in the army at any point of time. There is recital in police report that accused Rajeshwar Sabarwal also did not supply apples and mangoes to the army authorities. There is also recital in police report that accused has committed cheating with complainant under Sec. 420 IPC to the tune of Rs. 212916497/ - (Rupees twenty one crore twenty nine lacs sixteen thousand four hundred and ninety seven only).

(3.) Learned trial Court vide order dated 21.3.2011 held that there exists prima facie material to frame charge against accused under Sec. 420 IPC. Learned trial Court framed charge against accused under Sec. 420 IPC.