BALDEV P GANERIWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have preferred these petitions for quashing of complaints filed by the respondent No.2 which have been registered as M.Case No.1 of 2003 before the Ld.Magistrate below which the Ld.Magistrate has passed the order for investigation under section 156(3) of Cr.P.C by police.

(2.) Heard Mr.Nanavaty for the petitioners in both the petitions and Mr.Gohil for the repondent No.1-State and Mr.Lakhani for the original complainant.

(3.) The law on the aspect of quashing of the complaint is settled in as much as if the accusation made in the complaint shows that the case is made out for commission of offence, in normal circumstances, the court would not exercise its power for quashing the complaint. A perusal of the complaint shows that as per the complainant the goods were entrusted to the company, namely, Diamond Shipping Co.Ltd of which the petitioners are Directors and other office bearers and the capacity of the said company was as carrier. As stated in the complaint, instead of making delivery of the goods at the destination, the consignee, the shipping company of which the petitioners are directors had authorised the company holding the goods in transit to dispose of the said goods and to appropriate the amount towards the outstanding dues of the shipping company and therefore prima facie it can not be said that the commission of offence is not made out of misappropriation of property which was entrusted by the complainant to the shipping company. Under the circumstances, it would not be a case for quashing of the complaint as sought to be canvassed on behalf of the petitioners.