SIYARAM GOPICHAND GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The above Criminal Revision Applications are directed against the order dated 19-6-1989 passed by the Chief Judicial Magistrate Junagadh below Ex. 3 in Prabas Patan Police Station Crime Register No. 100 of 1989.

(2.) The facts leading to the present applications are as under: A first information report was lodged on 8-10-1988 by one Gyanchandra Trikamdas Bhanudas against Chimanlal Bhaichandbhai Limbachiya; Badriprasad Shankerlal Maniar; Siyaram Gopichand Gupta; Rajendraprasad Gopichand Gupta Bupendra Munnalal Shah; and Dhanpal Babulal Shah of Krishna Trading Company. The aforesaid Chimanlal Bhaichandbhai Limbachiya has filed aforesaid Criminal Revision Application No. 219 of 1989; aforesaid Siyaram Gopichand Gupta Rajendraprasad Gopichand Gupta and Bupendra Manharlal Shah have filed aforesaid Criminal Revision Application No. 218 of 1989; aforesaid Badriprasad Shankerlal Maniar has filed aforesaid Criminal Revision Application No. 220 of 1989; and aforesaid Dhanpal Babulal Shah has filed the aforesaid Criminal Revision Application No. 282 of 1989 It was alleged in the F. I. R. that the complainant Gyanchandra was doing business in the name of Somnath C. S. Agency and was having agencies regarding Soda Ash and Cement. The office of the said complainant has been situated in Patan in G. I. D. C. estate since last shout 1 1/2 years. He was getting goods i.e. Soda Ash from Tata Chemicals Mithapur and Cement from Kamdar Cement Factory. The mode of business was that the complainant was obtaining orders from different parties and was informing said Tata Chemicals Mithapur and Kamdar Cement Factory and the company was directly supplying goods to the parties concerned while making out the bill in the name of the complainant as Agent. In turn the complainant agency made not a bill in the name of the parties to whom the goods were supplied directly. The payment of the goods supplied was received by the complainantagency from the party concerned and according to the terms and conditions the complainant made payment to one or the other aforesaid companies which supplied the goods at the instance of the complainant.

(3.) According to the complainant there was Krishna Trading Company which was doing business near Sarkhej-Sanand Railway Crossing With the said Krishna Trading Company the complainant had business transactions since four to five months regarding soda ash According to the complainant aforesaid Chimanlal Bhaichandbhai Limbachiya Badriprasad Shankarlal Maniar Siyaram Gopichand Gupta Rajendraprasad Gopichand Gupta Bupendra Munnalal Shah and Dhanpal Babulal Shah who wore managing the affairs of said Krishna Trading Company were placing orders either by telephone or by post and as per the information given by the complainant to aforesaid Tata Chemicals Mithapur goods were supplied to Krishna Trading Company and in the beginning as per the terms the payment was also received by draft and thus confidence of the complainant was secured by aforesaid six persons