FULWANTI AGARWAL Vs. NARESH KUMAR

JUDGEMENT

(1.) THE petitioners are arrayed as accused in cc No. 8142 of 1999 on the file of the iv additional chief metropolitan magistrate, Bangalore and they are seeking to challenge the registration of the case against them under sections 406 and 420 of the IPC by the order dated 2-3-1999. The respondent-naresh kumar filed a private complaint on 18-1-1999 against the petitioners stating that the accused-petitioners herein may be got arrested by way of non-bailable warrant and secured before the court and made to pay a lawful due of Rs. 10. 5 lakhs to the complainant -respondent in the interest of Justice and equity.

(2.) BRIEFLY stated, the allegations in the complaint are that the accused 1 to 5 are members/partners of the fuel corporation of India and amongst them, the 5th accused-naval kishore agarwal negotiated with the petitioners in respect of the transaction in question. The respondent herein acted for and in favour of the fuel corporation of India for transportation of 17,596 metric tonnes of coal from singareni collieries company limited, andhra pradesh to Mysore paper mills limited, bhadravathi. The business of transport of coal as aforesaid, fetched a profit of Rs. 18 lakhs at the rate of Rs. 100/- per metric ton of coal transportation. It is alleged that the 5th accused deliberately cheated and denied to the respondent, the profits due. The complainant-naresh kumar who had good influence with public sector units, came across the 5th accused who was intent on securing the coal transportation business and secure contract, as a result of which 25,000 metric tonnes of coal was transported to consumption of Mysore paper mills limited. the 5th accused had orally promised to take the respondent as a partner and also promised 40% of the net gains as payment to the complainant from the business in question. Consequent on the promise as aforesaid, the complainant-naresh kumar moved and secured the contract for the supply of coal in connection with the business. The complainant also handed over blank signed cheque leaves to the 5th accused for being used in connection with the business. The complainant having negotiated with the Mysore paper mills limited, the quotation was accepted which resulted in supply of 17,596 metric tonnes of coal being transported to Mysore paper mills limited. The complainant claims that for purpose of contract of supply as aforesaid, he spent nearly three and half to four lakhs from his own resources. The transportation, it is stated, last till 15-12-1994 for a period of two years. The 5th accused is accused of not having paid a single pie by way of profit to the complainant. All efforts at securing the legitimate due to the complainant failed. By end of January 1995, the 5th accused walked away in the middle at the negotiating table. Notice issued to the accused making the demand was refused and returned to the sender. Hence the petition to the magistrate with a prayer which reads as follows:

(3.) THE learned magistrate on the basis of this petition, recorded the sworn statement of the respondent-complainant and came to the conclusion that the complaint and the sworn statement disclosed offences under sections 406 and 420 of the IPC and issued summons to the accused.