MOTWANI GOPIDAS TOPADDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Shri D.B.Mehta for the petitioner, learned APP Mr.Mengdey for the State and Mr.Barot for respondent No.2, original-complainant.

(2.) This petition has been filed by the accused seeking quashing of complaint bearing C.R.No.1-268/05 filed before Kadi Police station by respondent No.2 herein.

(3.) In the complaint, the complainant has stated, inter alia, that he is employed as Manager in one Pooja Proteins Pvt. Ltd. On 3.4.2005, the said Company had supplied refined cottonseed oil to the petitioner for which payment was made within a period of seven days. Thereafter, also, some transactions had taken place for which also payments were received regularly till 10.5.2005. However, on 13.5.2005 and thereafter certain quantity of oil was supplied and no payment was received for 300 tins of oil. Upon being reminded on telephone, he was told by the petitioner that within two days the payment would be made. The complainant came to know from newspaper of Bhavnagar that the petitioner's proprietary concern Shri Ram Traders had cheated other traders also and had closed down the business upon the which the complainant went to Bhavnagar and upon inquiry it was found that the premise of Shri Ram Traders was locked. Other shop keepers in the neighbouring area informed him that owner of Shri Ram Traders has disappeared after taking away money of large number of traders. The complainant, therefore, contacted the petitioner at Ahmedabad. He was promised that payment would be made within a month despite which no payment was made and the owner of Shri Ram Traders has disappeared. The complainant, therefore, stated that after giving assurance that full payment will be made, the petitioner after winning over the confidence of the complainant received goods worth Rs.6,86,363/- and cheated the company by not making the payment thereof.