- (1.) THIS is an application under Section 482, Cr PC for quashing the order dated 7.10.2002, passed by the learned Sessions Judge, Jamshedpur, in Cr. Revision No. 96 of 2002, whereby and whereunder, he has allowed the Criminal Revision, filed on behalf of opposite party No. 2, namely, Kishan Lal Agarwalla, setting aside the order dated 17.8.2002, passed by Sri A.K. Chaturvedi, learned Judicial Magistrate, 1st Class, Jamshedpur, in Complaint Case No. 710 of 2000, refusing to discharge the accused under Section 245, Cr PC, observing that charges, to be framed under Sections 406, 420 and 120 -B of the Indian Penal Code, are made out to proceed with the trial.
(2.) PETITIONER J.S. Paul, Branch Manager of M/s. Assam Bengal Roadways Ltd., who is a transporter of commercial goods, was engaged by M/s. Pharmachem Traders, Calcutta, to transport 36 MT of caustic Soda to the accused M/s. Kishan Lal Agarwalla, Commission Agent and Order Supplier (Opp. party No. 2) from their Cachar Paper Mill, Pancham Gram, Assam, and to deliver it to M/s. Tatanagar Refactories & Minerals Company Ltd., Adityapur Industrial Area, IV Phase, P.O. Gamharia, District west Singhbhum, the consignee of the accused, as per the letter issued to the complainant by the said Pharmachem Traders. Accordingly, the complainant supplied the said goods to the consignee, which was validly accepted. When the complainant demanded nominal freight charges of Rs. 81,000/ - from the accused (Opp. party No. 2), it was verbally refused by him and hence he filed the instant complaint case in the Court of learned Chief Judicial Magistrate, Jamshedpur. After examining the complainant on S.A. and recording the statements of the inquiring witnesses, cognizance was taken under Sections 406, 420 and 120 -B of the Indian Penal Code. The learned Magistrate heard both the parties and found sufficient materials to frame charges under Sections 406, 420 and 120 -B of the Indian Penal Code against the accused (Opp. party No. 2). Being aggrieved by the said order, Opp. party No. 2 preferred Criminal Revision No. 96 of 2002 in the Court of learned Sessions Judge, Jamshedpur, who after hearing both the parties, by the impugned order dated 7.10.2002 allowed the Criminal Revision and set aside the order dated 17.8.2002, passed by the learned Judicial Magistrate, 1st Class, Jamshedpur, in Complaint Case No. 710 of 2000.
(3.) ASSAILING the order, passed by the learned Sessions Judge, Jamshedpur, learned counsel for the petitioner submitted that being a Transporter, this petitioner on the agreement, entered in between him and accused (Opp. party No. 2), delivered the goods to the consignee of Opp. party No. 2. But the nominal freight charges were not paid, resulting cheating and misappropriation, which attracts Sections 406, 409, 420 and 120 -B of the Indian Penal Code, as from very beginning his intention was to defraud the complainant, only from receiving freight charges of Rs. 81,000/ -. The complainant wrote several letters and also sent lawyer 'snotice for payment of Rs. 81,000/ - with interest but he neglected to pay the legitimate dues of the complainant. The learned Sessions Judge did not consider this aspect that there is a case and counter case in between the parties. This petitioner has filed the present complaint case, much prior to filing of the complaint case by opposite party No. 2 and in that case, this petitioner, who was made an accused, preferred Cr. M.P. No. 4695 of 2001, which was allowed by this Court. It is submitted that only to save his skin and to take undue legal protection, Opp. party No. 2 is trying to escape from his criminal liability. Even if it gives rise to civil dispute but opposite party No. 2 can not get rid of the criminal liability also, as there is no bar to run both civil and criminal cases at the same time. On these grounds, it was urged that the order of the learned Sessions Judge be set aside and this Criminal Misc. Petition be allowed.;