SULEMANKHAN RAHEMATKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Article 226 of the Constitution of India read with Sec. 482 of Code of Criminal Procedure, 1973, the applicant - accused no.2 seeks to challenge the orders dtd. 9/5/2011 and 27/5/2013 passed by the Courts-below, by which the discharge application for the offences punishable under Ss. 408 , 420 , 467 , 469 , 411 and 120B of the Indian Penal Code, has been rejected.

(2.) Facts and circumstances giving rise to file present application are that the respondent - complainant - Suresh Shah, being an employee of Somshiva (Impex) Limited, lodged an FIR against one Ambarkumar Mukundkumar Thakar, inter alia alleging against him that in the year 2005, he was working as a Sales Executive and entire sale transactions as well as delivery of the goods managed by him and he was directly in contact with the customers of the company. It is further alleged that being a servant of the company and dominant over the affairs of sale transactions, commits an act of criminal breach of trust and cheated the company as by creating false and fabricated documents, sold of the raw-material of plastics worth Rs.18,79,633.00 to various persons for the period between 2/2/2006 to August-2006. It is alleged that accused - Ambar Thakar in connivance with one Shri Kailash @ Pappu, unofficially, sold of the goods of the company and obtained the financial benefits from the purchasers who were unknown to the company and falsely created the bills, vouchers and receipts in the name of official customers to whom actually, goods were not supplied.

(3.) In the aforesaid facts, the FIR came to be filed by the complainant with Satellite Police Station, Ahmedabad for the offences referred above. During the course of investigation, it was revealed that the principal accused Thakar was in contact with present applicant herein, who is running a business of plastic raw-material in the name and style of I.P. Plastics and due to their acquaintances, the applicant had purchased some of the goods from Mukund Thakar and accordingly, he has been charged with the criminal conspiracy and other offences.