Ram Surat Ram (Maurya), J. - (1.) Heard Sri P.K. Singh along with Sri Radhey Shyam, for the applicants and Sri H.P. Singh, for contesting respondent-2.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the order dated 22.03.2013, rejecting final report and taking cognizance and entire proceedings of Misc. Case No. 19 of 2013 Durgesh Babu Vs. Satish Chandra Agrawal and others, under Section 420 /120-B IPC, PS Bilsi, district Budaun, pending in the Court of Judicial Magistrate/Additional Civil Judge (JD), Court No. 2, Badaun, arising out of Case Crime No. 77 of 2000, under Section 406, 420, 120-B IPC, PS Bilsi, district Budaun.
(3.) Durgesh Babu (opposite party-2) lodged an FIR (registered as Case Crime No. 77 of 2000, under Section 406, 420, 120-B IPC, PS Bilsi, district Badaun) on 30.03.2000, naming (i) Satish Chandra Agrawal (ii) Ajay Mehra and (iii) Gulshan Sethi, as the accused. Date and place of incident have been mentioned as 17.02.1995 at Punjab National Bank, Bilsi, Budaun. It has been alleged in the FIR that Satish Chandra Agrawal was partner of the Firm "Satish Chandra Agrawal And Brothers" which owned a Petrol Pump at Bisauli, Budaun and doing business of sale of petroleum products. Ajay Mehra and Gulshan Sethi were officers of IBP Company. They took two bank drafts of Rs. 5 lakhs from him, in the garb of granting Dealership of IBP Company to him and cheated him. Satish Chandra Agrawal, in collusion with Ajay Mehra and Gulshan Sethi, utilized aforesaid two bank drafts issued by Punjab National Bank, Bilsi, in purchasing diesel etc. showing that the bank drafts were got issued by him and deposited by him. Thus he grabbed the money of the complaint and also saved Ajay Mehra and Gulshan Sethi. Ajay Mehra and Gulshan Sethi assured the complainant that they were alone authorized to grant dealership of mobil oil of IBP Company and Ministry of Petroleum has nothing to do with it. They asked the complainant that in case Rs. 5 lakhs is paid to them then dealership would be granted to him. On their assurance, he obtained bank draft nos. 802830 and 802831 from Punjab National Bank, Bilsi in the name of IBP Company on 15.02.1995 and handed over to them. As the drafts were in favour of IBP Company as such aforesaid two officers met with Satish Chandra Agrawal and hatched a conspiracy to grab the money, who entered the two banks drafts in records of the Firm and allegedly deposited it in IBP Company. After supply of the goods of Rs. 5 lakhs they divided the money. In a conspiracy, they grabbed Rs. 5 lakhs from him by fabricating the records. Banks drafts were got issued by him alone and Satish Chandra Agrawal has nothing to do with it. He was not familiar to Satish Chandra Agrawal. Later on, he came to know that Satish Chandra Agrawal had also joined the conspiracy to grab his money. The accused be punished. On these allegations FIR was lodged.;