ARUNKUMAR KANORIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short facts of the case appears to be that the complaint was filed by respondent No.2 being C.R. No.247/96 with Navrangpura Police Station with the accusation that the goods were sold by the complainant to the accused with an assurance to the complainant that after the goods are received, 50 % of the payment shall be made within 30 days and balance 50% shall be made within 60 days thereafter. It is further alleged in the complaint that the total goods sold was of Rs.2,28,980/-, but an amount of Rs.55,000/- is only paid. It is also alleged in the complaint that when the return of the goods was demanded by the complainant, the same was not returned and it is learnt by the complainant that the goods are disposed of, therefore, the alleged offences are registered under section 406, 114 and 420 of the IPC.

(2.) Heard Ms.Hetvi Sacheti for Mr.S.V.Raju for the petitioner and Mr.Dabhi for the State and concerned police officer. Mr. Sen was not present earlier when the matter was called out twice and today also, when the matter is called out for second time, he is not present. Hence, the examination of the matter on merits.

(3.) Even if the accusation made in the complaint are taken on its face value, it appears that the goods were sold by credit transaction and it was not a cash transaction. Similar aspect came to be considered by this Court in the case of Ambica Tiles & Stone Supplier & Ors. Vs. State of Gujarat & Ors. in Cr. Misc. Application Nos.6496/97 vide order dated 12.04.2010, observed thus -