SANWAR SHRIBAGHSINGH TANWAR Vs. KUTBI HUSSAINBHAI RAJA

JUDGEMENT

(1.) Rule. Shri Soeb R. Bhoharia, learned advocate waives service of Rule on behalf of respondent No.1 original-complainant and Shri KT Dave, learned APP waives service of Rule on behalf of respondent No.2 State. With the consent of learned advocates appearing on behalf of the parties, the matter is taken up for final hearing today.

(2.) By way of this application under Section 482 of the Code of Criminal Procedure the petitioner original-accused has prayed for an appropriate order to quash and set aside the complaint pending before the learned JMFC, Ahmedabad [Rural] and further proceedings in connection with Criminal Case No. 3615 of 2005 for the offences punishable under Section 406, 420 and 506(2) of the Indian Penal Code.

(3.) A criminal complaint has been filed by the petitioner against the respondent No.1 herein, original-complainant in the Court of learned JMFC, Ahmedabad (Rural) in Criminal Case No. 3615/2005 for the offences punishable under Section 406, 420 and 506(2) of the Indian Penal Code and the learned JMFC, Ahmedabad (Rural) has issued summons against the petitioner and hence the petitioner has preferred the present petition under Section 482 of the Code of Criminal Procedure for quashing and setting aside the proceedings as well as the complaint. It is alleged in the complaint that the original-complainant is partner of firm in the name and style Honest Plastic and the petitioner was running business in the name of M/s. Tanwar Engineering Works who is doing business of manufacturing plant and machineries. It is alleged in the said complaint that in the month of October 2003 the respondent No.1 wanted to sell the used machineries; the petitioner came to know that the respondent No.1 wanted to sell the used machineries and so the petitioner came at his office at Sanand and showed his willingness to purchase the used machineries; and by 5 different transactions the respondent No.1, original-complainant sent the machineries to the petitioner worth Rs. 19,24,000 through different invoices. It is alleged in the complaint that the petitioner gave a cheque of Rs. 7,50,000 dated 22.11.2003 and a further cheque of Rs. 2,00,000 dated 1.9.2004 and thus paid Rs. 9,50,000 towards total amount of Rs. 19,24,000 and an amount of Rs. 9,74,000 is due and payable by the petitioner. It is averred and alleged in the complaint that respondent No.1 made several reminders to the petitioner to repay the dues but he has only promised to pay the same within few months and has never paid the said amount and therefore it is alleged that the petitioner has committed the offences as alleged in the said complaint. It is alleged in the complaint that intention of the petitioner is dishonest and has cheated the complainant. As stated above in the said complaint as the learned JMFC, Ahmedabad (Rural) issued the summons upon the petitioner for the offences under Section 406, 420 and 506(2) of the Indian Penal Code the petitioner original-accused has preferred the present application.