Decided on March 03,2006

Sirohiya Synthetics Pvt. Ltd. Appellant


PERMOD KOHLI, J. - (1.) PETITIONER is a Private Limited Company with its place of business at Bhilwara, Rajasthan. This petition has been filed through Sh. Chand Mal and Smt. Prem Devi Sirohiya W/o Chand Mal Jain invoking the inherent jurisdiction of this Court under Section 561 -A Cr.P.C for quashment of the criminal proceedings initiated on the complaint of the respondent by the Chief Judicial Magistrate, Kathua. On the complaint filed by the respondent for the alleged commission of offences under Section 415 RPC, 418 RPC, 420 RFC and 34 RPC, the trial court has passed the impugned order dated 26th August, 03 summoning the petitioners to face the trial before him. Aggrieved of the initiation of the criminal proceedings, petitioners have approached this Court seeking quashment of the same.
(2.) PETITIONERS have been accused of commission of offence of cheating. The trial magistrate has passed the speaking order. The facts as notified by the trial magistrate in its order are reproduced hereunder: The allegations on the complaint are that accused No. 2 and 3 who are Directors of the accused No. 1, a private limited company, with common criminal intention dishonestly and fraudulently induced the complainant to part with the supply of yarn manufactured by the complainant on credit basis by making false promises, making the complainant to believe that they will make payment of the goods supplied with interest @ 24% per annum. The total price of the yarn supplied by the complainant to the accused comes to Rs. 26,319947 -. The accused have refused to make payments. By doing so, the accused have cheated the complainant to get unlawful gains and to bring unlawful loss to the complainant at the same time. The set of allegations as contained in the complaint are noticed as under: (2) That the accused No. 1 is a Private Limited Company and accused No. 2 and 3 are its Director. (3) That in the month of February to June 2001 the accused with common/criminal intention dishonestly and fraudulently induced the complainant at its place of business i.e. Kathua (J&K;) to part with the supply of yarn manufactured by it (complainant) to them (accused) on credit basis and further represented by making false promises/assurance to their (accused) knowledge making the complainant to believe that they (accused) would be making the payment of the goods supplied, to the complainant with interest at the rate of 24% p.a at Kathua (J&K;) the place of business of the complainant. (6) That the complainant on various occasions, during the supplies of goods being made, has been approaching and requesting the accused persons to make payment, but the accused persons again with dishonest and fraudulent intention, like the previous, have been making false promises to their knowledge, to the complainant that they would be making payment and in order to create belief in the complainant did make the payment of some goods by draft No. 562179 dated 05.07.2002 of Rs. 8877/ - and further made fraudulently false promises/assurance to pay the rest of the goods supplied or to be supplied.
(3.) APART from above, the complainant/respondent has given the details of the bills of the goods supplied by it to the accused/petitioners. Goods were supplied in as many as 20 transactions w.e.f 9th March 01 to 26th June, 01. Total value of the goods is said to be Rs. 26,31,994/ -.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.