JITENDRABHAI @ RAJUBHAI SAMRATSINH SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Pathak, the learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondent No.1 - State of Gujarat and Mr. Majmudar, the learned counsel waives service of notice of rule for and on behalf of the respondent No.2.

(2.) By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused seeks to invoke the inherent powers of this Court, praying for quashing of the Criminal Case No.1022 of 2014 pending in the Court of the learned Judicial Magistrate First Class, Kotda Sangani, District: Rajkot arising from the First Information Report bearing C.R. No.I?50 of 2013 registered with the Kotda Sangani Police Station, District: Rajkot Rural for the offence punishable under Sections 406 and 420 of the Indian Penal Code.

(3.) The case of the respondent No.2 may be summarised as under: 3.1 The respondent No.2 is engaged in the business of manufacturing of cement. He is carrying on business in the name of Nidhi Cement. In the year 2011, the respondent No.2 appointed the applicant as his distributor. It is stated in the F.I.R. that the bags of cement used to be regularly supplied to the applicant and the applicant used to make the payment in time. Later on, the applicant became irregular in making the payment, and ultimately, by the end of September - October 2013, an amount of Rs.25 Lac (Rupees Twenty Five Lac only) fell due and payable to the respondent No.2 by the applicant herein towards the supply of the cement bags. It is the case of the respondent No.2 that although the amount was demanded, yet the applicant failed to make the payment. In such circumstances, he lodged the F.I.R.