SATISH JHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Seeking to invoke powers of this Court under section 482 of the Code of Criminal Procedure, 1973, the petitioner herein prays for quashment of F.I.R. bearing Crime Register No.I-10 of 2014 registered with Mundra Police Station, Kutch at Bhuj, which was dated 11th January, 2014 in respect of offences under Sections 406, 420 and 114 of the Indian Penal Code, 1860.

(2.) The complainant, working as Accountant and Administrative officer of the company named Adani Foundation, operating at Mundra, Kutch, stated that at the suggestion of one Pravir Kumar, an I.A.S. and Development Commissioner, his company as well as Kandla Special Economic Zone Industries Association accepted the idea of said Mr.Pravir Kumar for supply of laptops to the children of the community of fisherman. They decided to supply 50-50 laptops each and accordingly it was decided to place order of 100 laptops. In that connection, the applicant herein who was working for OLPC India Foundation, New Delhi, paid visit to the Kandla Special Economic Zone Industries Association, Gandhidham on 05th February, 2012. He told that total amount of Rs. 17,50,000/- would be charged and payable towards 100 laptops, on the basis of which it was decided to purchase 50-50 laptops by the company and the Association.

(3.) Applicant required that contact be maintained with Director of OLPC one Ms.Mona Chavla. The purchase order was placed through email. Against the bill issued towards the purchase order, at a price of Rs. 17,500/- per laptop, Rs. 08.50 lakhs came to be deposited by the company towards price of 50 laptops in the account of Bank of India, Malavianagar Branch, New Delhi, as suggested by them. Similarly, the Association also deposited through different cheques total amount of Rs. 08.75 lakhs for other lot of 50 laptops during 09th March, 2012 to 14th March, 2012. As per the agreement, laptops were to be delivered within 90 days from the date of amount paid in advance. They were however not send. The complainant stated that on several occasions applicant was conveyed and the issue was discussed through email and telephonically. Even after passage of 19 months nothing yielded and it was found that a cheating and deceit was played. The offence under Sections 406 and 420 of IPC were committed by the applicant who is presently settled in the United States of America.