PANKAJ BHALLA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD Sri Sandeep Tandon learned counsel for the applicant and Sri Vikas Pandey learned counsel for respondent no.

(2.) AND perused the record. 2. This is a petition u/s. 482 Cr.P.C. for setting aside the order -dated 03.01.2004 passed by the Judicial Magistrate, Ram Nagar, district Nainital in criminal case no. 31/2004 State Vs. Pankaj Bhalla and others and also for quashing the chargesheet dated 25.11.2003.

(3.) THE brief facts are that a FIR was lodged at P.S. Ram Nagar against the applicant and others under sections 420/406 IPC and a charge sheet was also submitted against the applicant and other accused persons. It was agreed in between M/s Royal Foods Products Ltd. Lucknow and M/s Jindal Enterprises Ram Nagar that the goods, which are manufactured by M/s Royal Foods Products Ltd. would be sent to M/s Jindal Enterprises at Ram Nagar and the applicant will be the consignee agent of the said concern. It is also in the FIR that in pursuant to the said agreement Rs. 80,000/ - and Rs. 20,0001were given by way of bank draft. The present applicant was engaged by M/s Royal Foods Products Ltd. as C & F agent of Uttaranchal. The applicant has only to transport the said articles obtained from M/s Rdyal Foods Products Ltd. in Uttaranchal. In pursuance to the said agreement the applicant dispatched the goods of Rs. 51,408.00 to respondent no. 2 on 10.7.2002 for which M/s Royal Foods Products Ltd received the payment by bank draft directly. After investigation the charge sheet was submitted before the court below.