SURESH GOEL Vs. GRASIM INDUSTRIES LTD

JUDGEMENT

(1.) Invoking extraordinary inherent jurisdiction of this Court, this petition has been filed under Section 482 of Cr.P.C , seeking quashment of Complaint Case No. 4717/04 and the order of taking cognizance of the offences punishable under Section 420/34 and Section 120-B of IPC against the petitioners passed on 27.5.2004, on the ground that the dispute between the parties is purely of civil nature and necessary ingredients of the offences are missing.

(2.) Respondent No. 1 Grasim Industries Ltd., through its General Manager filed a complaint against the petitioners and four other persons with a prayer to take cognizance of the offences punishable under Sections 120-B, 420/34 and 409 of IPC. At initial stage the complaint was sent to police station Nagda under Section 156 (3) of Cr.P.C. for investigation, but police simply made an inquiry on the allegations and submitted a report that no cognizable offence is made out. Thereafter, again police was requested to file a final report after conducting investigation, but no such report was submitted, then complainant was. permitted to lead evidence under Sections 200 and 202 of Cr.RC. After recording such evidence, on 27.5.2004 cognizance against present petitioners as well as one more person Aditya Goel was taken for the offences punishable under Sections 420/34 and 120-B of IPC, holding that prima facie these offences are made out against these three accused persons and, therefore, order of issuance of process was passed. Then present petitioners appeared before trial Court and moved an application under Section 245 of Cr.P.C, claiming discharge. That application was decided by the trial Court vide order dated 11.4.2005 and the same was dismissed. Feeing aggrieved by that order present petition has been filed.

(3.) It has been averred in the complaint by the respondent/complainant that the respondent was having business dealings with the present petitioners for many years. Respondent having his manufacturing unit of Caustic Soda and other chemicals at Nagda, Ujjain. Caustic Soda Lai and Caustic Soda Flakes were being sold to the present petitioners for last so many years. Present petitioners were partners of a partnership firm along with Aditya Goel and doing business in the name of a company M/s Cosco Sales & Services Ltd. Huge amount of money was due against these petitioners and other accused persons on account of the business transactions, because the goods were taken by them on credit with the assurance that payment would be made very shortly after selling the same. When present petitioners and the third accused failed to make payment in due time, then business dealings were stopped by the respondent with them. Thereafter wife of the petitioner Suresh Goel came to Nagda along with petitioner Suresh Goel and assured that all the dues of the respondent would be paid after selling or mortgaging the property belonging to them. Meetings in this regard were held between the parties. It is alleged that petitioners then started a new concern in the name of M/s Consumer Services Corporation Ltd. and the property belonging to them were handed over to the new concern. It is also alleged that 40 cheques were given by the petitioners to clear the dues, but those cheques could not be enchashed by their bank and the respondent was to suffer a huge loss, then complaints under Section 138 of Negotiable Instrument Act were filed. When those complaints were pending, then some pressure tactics were adopted by the petitioners and respondent was forced to withdraw those complaints. The respondent was to receive "C" Forms worth Rs. 9.65 crores from the petitioners and it was made a condition precedent that first criminal complaints be withdrawn then only such Forms would be delivered to the complaint/respondent. In these circumstances those complaints were withdrawn and then only "C" Forms were issued by the petitioners to the respondent. On 1.6.1998 petitioner Suresh Goel again came to Nagda and assured that petitioners will very soon sale their immovable properties situated near Delhi Airport and will make payments of all arrears. Again petitioner Suresh Goel and his wife visited Nagda on 18.2.1999 and assured that the properties of Delhi which are in the name of their son Gautam Goel will be sold and payments would be made. Documents of the properties were also pledged with the complainant to assure the payment. It was also requested that business dealings be continued and goods be supplied to the petitioners and a promise was made that immediately after selling of those goods payments would be made. Believing these promises again goods were supplied by the complainant/respondent to the petitioners, which was sold by them in the market, but no money was paid. It was also found that the properties of which documents were given to the complainant were not in salable condition and those properties cannot be sold. It has been averred that the intention of present petitioners as well as third accused was criminal, when false promises were made and complainant was induced to supply goods on the false assurance that payment would be made soon after selling those goods and by selling the properties of the petitioners. Averting all these facts complaint was filed, which has been registered and summons have been issued.