DHARAMCHAND S O GOPI RAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application requesting this Court to exercise its inherent powers under sec. 482 of the Code of Criminal Procedure 1973 (hereinafter referred to as the Code) with an allegation that complainant Arjanbhai Ratnabhai Patel who filed the First Information Report (F.I.R.) before the Junagadh Police against the present petitioner Dharamchand Gopiram and one driver Kishanlal for the offence punishable under secs. 407 420 and 114 of the Indian Penal Code is either the abuse of process of the Court or there is a scope for substantial injustice and therefore the power should be exercised to secure the ends of justice.

(2.) Complaint was filed by complainant Arjanbhai with the allegation he had sent 550 tins of solvent refined oil to the petitioner who runs M/s Jindal Enterprises at Delhi through Delhi Gujarat Freightways Transport Company of Rajkot. The complainant runs Jagdish Export Industries at Junagadh. These goods were sent on 7-3-1980 by receipt no. 2415 of that Transport Company and information was sent to Sales tax Officer that it was sent to the petitioner accused as a commission agent of the complainant.

(3.) It is the allegation in the complaint that as no payment was received for 7 to 8 days inquiries were made from one Sureshbhai Agrawal who works as Commission Agent at Rajkot and who had relations round about Delhi. On making inquiries from Delhi Sureshbhai informed the complainant on the next day that he had a talk with the fatherin law of the petitioner accused on phone no. 674754 at Delhi and he was informed that a T. T. of Rs. 75 0 was sent to the State Bank of India Junagadh from the State Bank of India Karol Baug Branch on the name of Jagdish Export Industries. But on making inquiry at the State Bank of India at Junagadh it was found that no such T. T. was received. Thereafter it was alleged that this information was conveyed to Sureshbhai at Rajkot. So it is the allegation in the complaint that Sureshbhai sent his brother Ashok Kumar and his Munim Navalshanker Harishanker Jani to Delhi for making inquiries. After 2 to 3 days they returned with an information that Dharamchand (present petitioner accused) partner of M/s. Jindal Enterprises informed them that he had not received any goods. Therefore on 22-3-1980 the complainant wired M/s. Jindal Enterprises asking them to make immediate payment of 550 tins of solvent refined oil sent to them and also to acknowledge receipt of telegram. But no reply was received. It is the case in the complainant that on the very next day complainant received phone from Sureshbhai that his father had informed by phone from Gurgaon that the petitioner owner of M/s. Jindal Enterprises had gone to him (father of Sureshbhai) and had informed that he should inform Sureshbhai that he would make payment of Rs. 40 0 to Rs 50 0 to the party and the party should give receipt for the entire goods. Thereafter it is the case of the complainant that he informed Sureshbhai to demand a Pucca receipt of the goods received from the Delhi Gujarat Freightways Transport Co. of Rajkot. But he was informed that though the goods were given over to M/s. Jindal Enterprises Delhi Dharamchand owner of that Enterprises did not give any Pucca receipt. This was informed to Sureshbhai via Shankerlal and in turn Sureshbhai informed the complainant about it. Thereafter it is the allegation that attempts were made by Sureshbhai to contact the petitioner accused at Delhi on phone but he was not available and the fatherin law of petitioner Dharamchand informed that he did not know where the petitioner was.