STATE OF GUJARAT Vs. SURESHBHAI CHHITUBHAI PATEL

JUDGEMENT

(1.) Acquittal of the respondents recorded by the learned Chief Judicial Magistrate, Bharuch in Criminal Case No. 19360/87 of the offences punishable under sections 420, 120(B) read with section 114 of the Indian Penal Code, is subject matter of challenge in the present appeal, which is filed by the State of Gujarat under section 378 of the Code of Criminal Procedure, 1973.

(2.) Natwarbhai Bhagwandas Patel was at the relevant time employed as Assistant Manager of Gujarat State Co.operative Marketing Federation Limited, Ahmedabad. The said Federation is selling fertilizers, pesticides, seeds etc. to different Co.operative Societies. There is one Co.operative Society at Bharuch known as Karela Multi-purpose Co.operative Soceity. The respondent no.1 was president of the said society during October November, 1986; whereas respondent no.2 was Secretary of the said society at the relevant time. According to Natwarbhai Patel, one Rajubhai who was honorary secretary of Karela Multi-purpose Co.operative Society, and one Kalidasbhai who was Manager of Bharuch District Vegetable and Fruit Producers' Co.operative Society Ltd., Bharuch, had approached him in the Office and placed order for pesticides. According to Natwarlal, Rajubhai and Kalidasbhai had demanded delivery of the pesticides urgently and, therefore, delivery challan was prepared on the basis of which delivery of the goods purchased was given to them from godown. However, after 3 - 4 days of the delivery of goods, Natwarbhai learnt that Rajubhai had committed suicide and, therefore, he made inquiries and learnt that goods purchased was never received by Karela Multipurpose Co.op.Society. He further learnt that the goods were directly sold to Bharuch District Vegetables and Fruits Producers' Co.Op.Society Ltd. and some of the goods were found lying in the godown of the said society at Bharuch. According to Natwarbhai, a cheque for an amount of Rs.63,116.50 ps. which was signed by respondent no.2, was not honoured because of insufficiency of funds. Mr. Natwarbhai was, therefore, of the opinion that five persons, namely, (1) Sureshbhai Chhitubhai, who was President of Karela Multipurpose Co.op.Society, Karela, (2) Shashikant Chunilal Patel, who was Secretary of Karela Multipurpose Co.op.Society, Karela, (3) Kalidasbhai Pujabhai Vasava, in his personal capacity, (4) Kalidasbhai Pujabhai Vasava as Manager of Shree Bharuch District Vegetable and Fruit Producers' Co.operative Society Ltd., and (5) Shambhubhai Zaverbhai Patel, Chairman of Shree Bharuch District Vegetable and Fruit Producers' Co.op. Society Ltd., had in conspiracy with each other committed offences punishable under sections 420, 120(B) read with section 114 of the Indian Penal Code. He, therefore, filed complaint in the Court of learned Chief Judicial Magistrate, Bharuch against the above-referred to persons for the offences punishable under sections 420, 120(B) read with section 114 of I.P.C. The complaint was registered as Criminal Inquiry Case No. 49 of 1986. The learned Chief Judicial Magistrate by his order dated 29/11/1986 sent the complaint to Police Inspector, Bharuch City Police Station for investigation under section 156(3) of the Code of Criminal Procedure, 1973. Police Inspector was directed to submit his report to the Court within two months from the date of the order,which was passed on 29/11/1986. The Police Inspector, Bharuch City Police, accordingly made investigation and chargesheeted only the respondents for the offences punishable under sections 420, 120(B) read with section 114 of the Indian Penal Code. The learned Chief Judicial Magistrate, Bharuch framed charge against the respondents of the offences punishable under sections 420, 120(B) and 114 of the Indian Penal Code vide Exh.4. The charge was read over and explained to the respondents, who pleaded not guilty to the same and claimed to be tried. The prosecution, therefore, examined ; (i) Natwarbhai Bhagwandas Patel, PW 1, Exh.8, (ii) Kalidasbhai Pujabhai, PW 2, Exh.43, (iii) Vajesinh Motisinh, PW 3, Exh.51, and (iv) Hanumanbhai Devrambhai, PW 4, Exh.57, to prove its case against the respondents. The prosecution also produced relevant documentary evidence to bring home guilt to the respondents. The respondent no.2 submitted an application at Exh.58 under section 319 of the Code and requested the learned Magistrate to implead Kalidasbhai Pujabhai Vasava as one of the accused in the case. The learned Magistrate after hearing the Counsel for the parties, rejected the said application by an order dated 19/08/1989. After recording of evidence of prosecution witnesses was over, learned Magistrate questioned the respondents generally on the case and recorded their statements under section 313 of the Code. In their statements, the respondents denied the case of the prosecution and claimed that all the transactions were entered into by deceased Rajubhai and not by them. However, no evidence in defence was led by any of the respondents.

(3.) On appreciation of evidence led by the prosecution, learned Chief Judicial Magistrate concluded that the order for purchase of pesticides was placed on 14/11/1986 by deceased Rajubhai as well as Kalidasbhai Pujabhai and not by any of the respondents. The learned Magistrate held that delivery of the goods purchased was also taken by deceased Rajubhai and also by Kalidasbhai Pujabhai and not by any of the respondents. After referring to the evidence of Natwarbhai Bhagwandas Patel, who was Assistant Manager of Gujarat State Co.Op. Marketing Federation Ltd., the learned Magistrate deduced that nothing was stated by the said witness against respondent no.1 and even business on credit was also done by the Federation with Karela Multipurpose Co.op. Society, as a result of which ingredients of the offences punishable under sections 420, 120(B) read with section 114 of I.P.C. were not established by the prosecution. In ultimate decision, learned Magistrate has acquitted the respondents by judgment and order dated January 17, 1990, giving rise to the present appeal.