MADAN LAL CHAUHAN Vs. STATE

JUDGEMENT

(1.) By way of this judgment, two revision petitions, one of Madan Lal Chauhan and the other of Basant Singh, against the same order dated January 31, 1985 of Shri Rakesh Kapoor, Metropolitan Magistrate, New Delhi directing the framing of the charge under sections 420, 458, 471, 406 read with section 120-B Indian Penal Code , are being decided. Madan Lal Chauhan filed revision petition in the High Court itself and the same is No. 93 of 1985. Basant Singh filed the criminal revision petition in the Court of Sessions and vide order dated August 16, 1985 (passed in the file of Crl. Rev. 98/85 the same was directed to be transferred to this Court. It appears that the criminal revision of Basant Singh has not still been registered by the registry. That should be done immediately. The judgment is being recorded in Criminal Revision No. 93 of 1985 filed by Madan Lal Chauhan.

(2.) The case of the prosecution in nutshell is that the aforesaid petitioners and one R. T. Jagtiani entered into a conspiracy to cheat M/s. Athi Offset Printers, a partnership firm carrying on printing business in Shivakashi (Tamil Nadu) and that in pursuance of the said conspiracy, a sum of Rs. 8,25,000 was extracted by cheating from the said firm as the sale price of a non-existing printing machinery and with a view to facilitate such cheating, false documents were prepared.

(3.) The version of the prosecution briefly is as follows. Mis. Athi Offset Printers were to instal a printing machine at Sivakashi. One of the partners of the said firm named S. Mariappan met Basant Singh petitioner who introduced the former to Madan Lal Chauhan, petitioner. An agreement came into existence whereby Madan Lal Chauhan agreed to sell a printing press for Rs. 8,25,000. That machine, according to Madan Lal Chauhan, was then lying with Rehmat Press, Asif Nagar. Hyderabad. A sum of Rs. 1,00,000 was paid to Madan Lal Chauhan vide receipt Noted 29th March 1980. A further sum of Rs. 50,000 was paid thereafter. The purchaser wanted to raise a loan from the bank for payment of the remaining price. Therefore, an invoice was handed over by Madan Lal Chauhan to S. Mariappan. On the basis of that invoice, a loan of Rs. 6,75,000 was got sanctioned. A bank draft for the said amount was to be given directly to Madan Lal Chauhan by the bank only after the machine had been dismantled. Madan Lal Chauhan, however, insisted that he should be paid the money prior to the delivery of the machine. Therefore, on 10th November 1980 an agreement was executed between Madan Lal Chauhan, Central Bank of India and the firm M/s. Athi Offset Printers. On the basis of that agreement, a bank draft in the amount of Rs. 6,75,000 was given to Madan Lal Chauhan, petitioner.