STATE OF WEST BENGAL Vs. RAJ KUMAR AGARWALLA

JUDGEMENT

(1.) This appeal by special leave is by the State of West Bengal against the judgment of the Calcutta High Court whereby the High Court in a revision petition under Section 439 of the Code of Criminal Procedure quashed the charges framed by the Presidency Magistrate against Raj Kumar Agarwalla respondent.

(2.) The prosecution case is that on 8-11-1967 Shankerlal representing himself to be a broker of foreign machinery parts went to Ram Avtar Prasad complainant and told him that he (Shanker Lal) could arrange for a transaction of sale of foreign goods which would result in good profit to the complainant. The complainant agreed to the proposal and wanted to see the seller of the foreign goods in question. On the following day Shanker Lal came with another man named Pandey and told Ram Avtar complainant that Pandey was an agent of Shri Hanuman Agency and would supply the foreign goods known as washer plates. Pandey showed Ram Avtar the samples of those washer plates. One of those samples was kept by Ram Avtar. A day after that Shanker Lal brought one Saheb Jaman Khan along with him to Ram Avtar and introduced Saheb Jaman Khan as agent of M/s. Ashoke Trading Corporation of Indore. Ram Avtar then agreed to purchase 200 pieces of the washer plates at the rate of Rupees 38/- per piece. Formal order, it was then agreed, would be sent through Shanker Lal.

(3.) On November 15, 1967 Shanker Lal handed over the said formal order to Ram Avtar and stated that the goods would be supplied on the following day. Ram Avtar was also told that this transaction would fetch him a profit of Rupees 3200/-. On November 16, 1967 Ram Avtar lodged a report with the police against Shanker Lal after his suspicion had been aroused. Later on that day Shanker Lal and Raj Kumar Agarwalla came to the shop of Ram Avtar with washer plates in a taxi. Price of the said goods was then demanded from Ram Avtar. Shanker Lal and Raj Kumar Agarwalla were thereupon arrested by the police.