V L PERSONAL CARE P LTD Vs. STATE

JUDGEMENT

(1.) This revision petition has been filed by the petitioner assailing order dated 7th July, 2006 passed by learned Metropolitan Magistrate dismissing the complaint filed by the petitioner under Sections 409/467/468/471 IPC.

(2.) Brief facts relevant for the purpose of deciding this petition are that a cheque issued by the complainant in favour of M/s. Vapra Exports Pvt. Ltd. was dishonoured. On this M/s. Vapra Exports Pvt. Ltd. filed a criminal complaint under Section 138 of Negotiable Instruments Act in the court of Metropolitan Magistrate at Mumbai. The complainant i.e. present petitioner, however, filed a complaint at Police Station Hauz Khas through his sister concern M/s. Curls and Curves India Limited (CCIL) on 5th December, 2002. Another criminal complaint was filed by the petitioner directly at Police Station Hauz Khas on 11th March, 2003. Police, however, found that no criminal offence was made out. The petitioner then filed a complaint under Section 156 (3) Cr.P.C. for registration of F.I.R. which was dismissed by the court and the court directed for recording of complainant evidence. After the complainant evidence was recorded, learned trial court came to conclusion that no offence was made out against the respondent No.2.

(3.) The story put forward in the criminal complaint by the complainant is that Sh. Harshad Rana (respondent No.2) was a Director of M/s. Vapra Exports Pvt. Ltd. and had approached CCIL in the year 2001. M/s. Curls and Curves India Limited was parent company of the present petitioner. Subsequently, Sh. Harshad Rana left M/s. Vapra Exports Pvt. Ltd. on 10th March, 2002 and joined as a Director with the complainant company and was given responsibility and control over functioning of the complainant company. While Sh. Harshad Rana was working as a Director, certain products of complainant company were to be launched in Jaipur in September, 2002 and CFO of CCIL, Sh. Narinder Kumar, was induced by him to believe that some cheques were required to be signed by him for the purpose of paying expenses of the launch. So, blank cheques were signed by Sh. Narender Kumar believing that Sh. Harshad Rana would be in a position to fill the date and amount and the name of the payee. It was alleged that these cheques were misappropriated by Sh. Harshad Rana and landed into the hands of M/s. Vapra Exports Pvt. Ltd. Thus, the offence was committed by Harshad Rana under Section 409 and other provisions of IPC.