M V MAJMUDAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As both these applications arise out of the same FIR / criminal complaint, they are decided and disposed of by this common judgment and order.

(2.) Criminal Miscellaneous Application No.4476 of 2004 has been preferred by the petitioner-original accused no.1 M/s. Meridian Cargo Express to quash and set aside the impugned complaint being Criminal Case No.1631 of 2002 pending in the Court of learned Metropolitan Magistrate, Court No.2, Ahmedabad, for the offence punishable under Sections 406, 420 and 120 B of the Indian Penal Code.

(3.) Respondent No.2 herein-original complainant Raghuvir Exim Limited has instituted / filed the impugned Criminal Case No. 1631 of 2002 against the respective petitioners herein and others, in the Court of learned Metropolitan Magistrate, Ahmedabad for the offence punishable under Sections 406, 420 and 120 B of the Indian Penal Code alleging inter alia that the petitioner of Criminal Miscellaneous Application No.4476 of 2004-original accused no.1(herein after referred to as original accused no.1) is shipping company engaged in the business of shipping and forwarding cargo from India to various destinations. That the accused nos. 3 to 5 are officers of the accused no.1, who are in day to day in charge and affairs of the accused no.1 company. That the accused nos. 3 to 5 were actively involved in the transaction with the complainant. It is further alleged in the complaint that the accused was introduced to the complainant by one importer M/s. Harto Textile Industries limited for the purpose of shipment of goods from the complainant to the said importer who told the complainant that original accused no.1 is regularly shipping goods to the importer at Israel. That the complainant agreed to appoint the accused as Shipping Agent to clear and forward its consignment to the said importer as the accused assured and promised the complainant that it shall very efficiently and also expeditiously arrange to ship the goods of the complainant as may be required and as per the terms and conditions of the delivery of the Cargo. It is further alleged that it also informed that it has its sub-agent in Israel viz. M/s. Rapheal & Ron Customs Broker who would look after the formalities to be cleared in Israel. It is further alleged in the said complaint that it was specifically agreed that goods will be delivered by the accused to the consignee against presentation of Bill of lading only. It is the case of the complainant that as promised and assured by the accused, by express contract and oral undertaking, the accused were required to ensure that the consignments which were shipped were to be delivered to the consignee against presentation of original bill of lading and therefore, the accused was legally bound to ensure that cargo or consignments are not delivered to the consignee without presentation and discharge of original bill of lading. It is alleged in the said complainant that accused, however fraudulently and in premeditated conspiracy delivered the consignment to the consignee without being presented bill of lading and hence committed the criminal breach of trust, cheating and conspiracy under Sections 406, 420 & 120-B of the Indian Penal Code.