SHRI KRISHNA DAYAL PVT LTD Vs. MUKESH SHARMA

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure 1973 (Crpc) seeks the quashing of Complaint Case No. 2189/1 titled Mukesh Sharma v. M/s. Krishna Dayal Pvt. Ltd. pending in the Court of the learned Metropolitan magistrate ( MM ), Delhi under Sections 420/406/120 B read with 34 IPC. An FIR was lodged at the instance of one Shri Jagdish Chander, Petitioner No. 2 with the police Station Raj Nagar District Raj Samand under Section 407 IPC on 31st May, 2000 stating that one Shri A. N. Sharma, a resident of DLF Qutab Enclave, Phase-I, New Delhi and one of his companions Shri Virender Kashyap had visited kankroli on 14th November, 1998 and came to his factory to select marble for being dispatched to Delhi. They gave Rs. 1 lakh as advance by way of a demand draft. Shri A. N. Sharma had instructed that Shri Virender Kashyap would collect the marble and dispatch it to him. Accordingly, the marble was handed over to shri Virender Kashyap on 26th December, 1998 and it was loaded on a truck sent by R. K. Transport Company and dispatched to Delhi. Later it was learnt by the complainant that Shri A. N. Sharma had not received the goods. Accordingly, a complaint was lodged with the police.

(2.) THE report of the police on this FIR, after investigation, was that the goods were in fact delivered to Shri A. N. Sharma who refused to make the balance payment of Rs. 51,000. Later in February 1999 when Shri A. N. Sharma offered a cheque of Rs. 51,000/-, they insisted for payment by cash. After Shri Jagdish chander came to know that Shri A. N. Sharma had filed a case in a court in Delhi against him regarding the disputed amount of Rs. 51,000, the present complaint was got filed by Shri Jagdish Chander. The police opined that this was purely a civil dispute and accordingly filed a closure report.

(3.) ON 17th November, 2001 Shri Mukesh Sharma the son of Shri A. N. Sharma had filed a private complaint against Petitioners 1, 2, 4 and others under sections 420/406/120b read with 34 IPC stating that despite handing over Rs. 1 lakh by way of draft to accused No. 2 the supply of marble had not been made. On this complaint on 5th January 2002, the learned MM issued summons for the offences under Sections 406/420 IPC.