GOVINDBHAI CHHAGANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-Govindbhai Chhaganbhai, by this Misc. Criminal Application under Sec. 482 of the Code of Criminal Procedure, 1973 (for short the "Code"), has moved this Court for getting quashed and setting aside the impugned order issuing process against him by the learned J. M. F. C., Kodinar in a Criminal Case No. 894 of 1989 on the basis of the complaint filed by one Rajendrabhai Gajendrabhai Mehta against him for the alleged offences punishable under Secs. 403, 406, 407 and 420 of the Indian Penal Code.

(2.) Few relevant facts :- According to the complainant-Rajendrabhai Gajendrabhai Mehta, Manager, Auto Hirers (Trucking Division), Kodinar the incident in question took place on 22-1-1988 when the petitioner who at the relevant time was a driver of one Truck bearing No. GTH 7407, was entrusted with 240 bags of Cement valued at Rs. 14,400.00 at "Gujarat Ambuja Factory" to be delivered at Navsari to "Gujarat Agricultural University", did not deliver the same at the said destination. This fact came to the knowledge of the complainant on 24-2-1988 and accordingly, he filed a complaint against the petitioner before the learned J. M. F. C,, Kodinar for the alleged offences punishable under Secs. 403, 406, 407 and 420 of the Indian Penal Code wherein the learned Magistrate in turn sent it to the Police for investigation under Sec. 156(3) of the Code. After the investigation was over, the Police submitted a report on the basis of (Only a part of the Judgment approved for reporting is published.) which, the learned Magistrate issued process against the petitioner which is sought to be challenged by the present petition.

(3.) Mr. B. K. Parikh, the learned Advocate for the petitioner submitted that the statements of the witnesses recorded by the Police during the course of investigation submitted alongwith the charge-sheet, do not substantiate the allegations made against the petitioner in the complaint making out any prima facie case against him. According to Mr. Parikh, the investigation material on the record clearly show that the case was of the civil nature only and that the learned Magistrate has committed an obvious error in mechanically issuing the process against the petitioner which deserves to be at once quashed and set aside.