SURESHKUMAR GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . This application is directed against the order of investigation under S.156(3) of the Code of Criminal Procedure, 1973 ('Code' for short) and to quash the charge-sheet submitted by the Police on completion of the investigation.

(2.) . Respondent No. 2 had filed a complaint against the petitioner and two others on 21-3-1995 in the Court of J.M.F.C., 3rd Court, Bhavnagar.

(3.) . Facts alleged to constitute offences are as under :- Respondent No. 2 - complainant is the Commission Agent in vegetables, in particular onion, at Market Yard of Bhavnagar. Petitioner used to purchase onion from respondent No. 2 on credit and every time lump sum payment was made. From the allegation in the complaint, the sale was on credit for a month or so. On 21-1-1994 petitioner purchased onion of the value of Rs. 27,31,739.00. Petitioner had paid Rs. 19,94,322.52 against the same and the balance of Rs. 7,37,417.51 remained due. According to the respondent No. 2, despite repeated demands, false promises to pay were given. Petitioner came to Bhavnagar from Kanpur on 10-3- 1995. When he went to the shop of respondent No. 2, he made a demand for the balance due. Petitioner did not give proper reply but started speaking irrelevantly and abused him. Along with the petitioner-accused, there was some unknown person called as Gangu. Thus, petitioner and two others gave filthy abuses to the respondent No. 2 and also gave threat to kill the respondent No. 2 if money is demanded again. Petitioner-accused also gave 2-3 slaps to the respondent No. 2 and ran away after giving filthy abuses. Based on these facts, a complaint is filed under Secs. 323, 406, 420, 504, 506(2) and 114 of I.P.C. Learned Magistrate ordered enquiry under Sec. 156(3) of the Code and the Police, after investigation, submitted charge-sheet under the said sections complained of. It is prayed to quash investigation and submission of charge-sheet by this petition.