G.S.CHAHAL,J - (1.) M /s Keshav Traders, Delhi, and its Partner Ved Parkash has come to this Court in this : petition under Section 482 of the Code of Criminal Procedure for quashing of complaint dated 10.10.1988 (Annexure P-) and orders dated 16.11.1988 and 22-2-1991 (Annexures p. 9 and P. 14).
(2.) ALLEGATIONS on which the petitioners are-being Prosecuted for offences under sections 406 and 420 of the Indian Penal Code are contained in paras 2 to 6 of the complaint which read as follows :- "2. That the accused No. 1 is the partner, of accused No. 2 Shri Ved Parkash son of Shri Kesho Ram approached the complaint at their office situated at Gokal Road, Ludhiana and requested the complainant to supply them the vegetable oil i.e. ghee on the clear understanding that the accused shall be the trustee of the goods so received by him and that he shall remain trustee to the complainant for consignment as and when they are disposed of by the accused in the market To gain confidence of the complainant, the accused sold the goods on behalf of the complainant after receiving them on consignment basis and remitted the sale proceeds to the complainant. Since the accused No. 1 learnt that he has gained confidence of the complainant, and that the complainant is now believing their representation made by him to be true, the accused received vegetable oil i.e. ghee tins worth Rs. 1,86,000/- which was taken out of the factory of the complainant against their challan dated 12-8-1987 and which were taken by the accused through Truck Union Doraha Mandi against GR No. 8465 dated 12-4-1987 in truck PJN 4376. These were taken by the accused to Delhi after getting it clear from the Delhi Barrier on 13-4-1987 vide their receipt No. 475006 thus the accused received the goods and took them to his premises. That as stated above, the goods were only the trust with the accused and the accused was under obligation to remit the price as soon as these goods were sold to different customers. Since these goods were received by the accused only on consignment basic meaning hereby that the ownership of the goods vested in the complainant.
(3.) THAT the complainant learnt that the accused had disposed of the entire goods as such he requested the accused to remit the amount of the ghee sold by him. At first he hesitated, then he issued a cheque No. 099121, dated 15-4-1987 drawn on Bombay Merchantile Coop Bank, Darya Ganj, New Delhi for Rs. 1,75,000. The cheque was presented to the bank and it was dishonoured;