UNION OF INDIA Vs. SURESH CHANDER GUPTA

JUDGEMENT

(1.) Petitioner Union of India seeks setting aside of order dated 14.12.2009 passed by Additional chief Metropolitan Magistrate whereby the Respondent/accused herein has been acquitted of the offence punishable under section 420/468/471 IPC.

(2.) A complaint was made by the Directorate General of Supplies and Disposals, the Petitioner herein, against the Respondent Suresh Chand Gupta that he as Proprietor of M/s Electronics Enterprises was awarded a contract for supply of microphones manufactured by M/s AKG Acoustics (I) Ltd. As per the terms of contract, he was required to get the equipment inspected by purchaser's authorized representatives, at manufacturer's factory premises before its dispatch/delivery to the consignee. 95% payment was to be released against proof of inspection and dispatch. Balance 5% was to be paid after receipt and acceptance of stores by the consignee in full and good condition. The Respondent received payment to the tune of Rs.69,80,922/-, on the basis of various bills, along with the Consignees Receipt Certificate/Inspection Note/Railway Receipt.

(3.) It is the case of the prosecution that later on, it was revealed that one of the consignee namely Chief Engineer (NZ) AIR and TV could not receive the stores booked under R/R dated 21.07.1989 because the same was booked in the name of 'self' by the contractor instead of booking the same in the consignee's name. The second grievance is that Director (Engg.) AIR, New Delhi intimated that supplier had not supplied any inspected material but dispatched some un-inspected goods. The third head of grievance is that accused tampered three Receipt Certificate issued by consignees in Calcutta/Bombay and collected payment.