SANJAY KUMAR JAIN Vs. STATE

JUDGEMENT

(1.) Heard.

(2.) The FIR unfolds that petitioners co accused Mahesh Chand, Shyam Lal and Vikas represented to the complainant that they had a firm known as M/s Shyam Sunder Kishan Kumar at 50, Gandhi Gali, First Floor, Fateh Puri, Delhi dealing in Karyana (Grocery) items. Initially they had cash business dealing with the complainant. Later, on gaining complainants confidence they purchased Choti Ilaci, Dal Chini etc. for a value of about Rs.2.50 lacs on credit. The price of goods so purchased however remained unpaid. They also did not return the goods on being asked to do so by the complainant. On the basis of disclosure statements of co accused Vikas and Shyam Lal it was gathered that the present petitioner was also involved in the aforesaid business deal in the name of the aforesaid bogus firm M/s Shyam Sunder Kishan Kumar.

(3.) Referring to the allegations contained in the FIR, learned counsel for the petitioner contends that even if the entire allegations therein are accepted, there being no entrustment of goods, no offence punishable under Section 406 is made out against any of the accused. On behalf of the complainant it is contended that though no case for criminal breach of trust is made out from the allegations in the FIR, a case of cheating is certainly there against the petitioner and his co accused for inducing the complainant to agree to supply the goods on credit.