R. JAGANNATH & CO. Vs. VISHAL TRADING CO.

JUDGEMENT

(1.) THE accused ­ petitioner herein is sought to be charged inter-alia for the offence punishable under Section 406 of Indian Penal Code ( for short "IPC") on the allegation that the complainant had sold the goods to the petitioner during the course of business relation of the complainant with the petitioner, and that one of such transaction was entered into on 08th January, 1997 when the accused purchased cotton bales from the complainant with a promise that he would make payment within period of 30 days, failing which he would pay interest at the rate of 21% per annum. It was alleged that, thus, the accused won the trust of the complainant by giving aforesaid promise. However, thereafter the accused did not pay and, therefore, according to the complainant, the case triable under Section 406 of IPC was made out. A complaint therefore was lodged.

(2.) INITIALLY the accused applied for discharge which was granted, however, the order of discharge was set aside in a revision application filed by the complainant. The accused did not challenge the said order, but instead, he participated in the proceedings, pre charge evidence was recorded by the trial court, and thereafter by way of impugned order it was ruled that a case was made out against the accused for framing the charge. The petitioner ­ original accused is aggrieved by this order and is therefore before this Court by way of this Criminal Revision Application.

(3.) LEARNED APP would support the impugned order with a submission that ingredients of Section 405 of IPC are squarely attracted in the facts of the case and, therefore, the impugned order is not required to be interfered with in exercise of the revisional powers vested with this Court.