VIRAL MUKUND SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed by the applicant - original accused under Sec. 482 of the Code of Criminal Procedure seeking quashing and setting aside the impugned FIR being I.C.R.No.17 of 2014 registered with Vasai Police Station, Mehsana for the offence punishable under Ss. 406, 420 and 114 of the of the Indian Penal Code (herein after referred to as the "IPC").

(2.) The facts and circumstances giving rise to the filing of the present application are such that on 14/11/2005, a tripartite agreement was entered between M/s.Gyscoal Alloys Limited, M/ s.MSTC Limited, Calcutta and M/s.Transafe Services Limited, whereby M/s.Gyscoal Alloys Limited had shown the willingness to procure the material being H.S.S. and Stainless Steel from Kandla and Mundra Port from the respondent no.2-company. As per the tripartite agreement, the material sold by the respondent no.2 - company to the company of the present applicant was required to be stored at a specified place to be provided by third party to the agreement viz. M/s. Transafe Services Limited. Pursuant to the said agreement, on 17/7/2010, a material of 477.610 Metric Tons worth Rs.9,57,00,000.00 was sold by the respondent no.2 - company to the company of the present applicant. Out of which, sum of Rs.1,87,00,000.00 was paid by the company of the present applicant and sum of Rs.7,70,00,000.00 was outstanding.

(3.) Learned advocate for the applicant has submitted that tripartite agreement was entered into between the parties, as mentioned herein above and on the basis of the said tripartite agreement; the said goods were procured by the company of the present applicant from the respondent no.2. In the FIR itself, it has been stated that on the basis of the said tripartite agreement, the company of the present applicant regularly used to procure the material from the respondent no.2 and the company of the present applicant used to make payment for the goods procured from the respondent no.2 within due course of time.