KAPUR CHAND GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Through this Application u/s 482 Cr.P.C. sole applicant Kapur Chand, Proprietor of M/s Durga Traders, Mohan Road, district Deoria, has invoked inherent jurisdiction of this court hankered by the prayer to quash entire proceedings of complaint case no.534 of 1998, C.R. Foods (India) Pvt. Ltd. Vs. Kapur Chand Gupta, under sections 406, 420 IPC, P.S. Chhata, District Agra pending before Xth A.C.J.M., Deoria.

(2.) Since twelve years have gone by and this Application could not have been kept pending final adjudication of the lis because of non co-operative attitude of the counsel for the applicant, that this Application is being disposed off finally with the help of learned AGA Sri Chandrajit Yadav. A glimpse of the record further revealed that albeit Sri Dinesh Tiwari, learned advocate has filed a counter affidavit along with stay vacation application but,even in the revised call, he too is absent, to assist the court. I have perused and vetted through the entire record critically, have summated factual aspects and have analytically cogitated over the involved issues.

(3.) On the factual aspects it is discernible from the facts slated in the affidavit filed alongwith this Application and counter affidavit thereto, that an application,annexure no.1, was moved by respondent no.3 C.R. Foods (India) Pvt. Ltd. before S.S.P., Agra, against the applicant and other persons, leveling allegations that respondent no.3 is a Firm of which Bhagwandas Gupta is the Managing Director. Firm is engaged in manufacturing and sale of flour, fine flour(maida), rava(Suji), etc. having it's registered office at 6/16, Gali Barah, Bhai Wetanganj, P.S. Chhata, District Agra and production unit/ factory of the aforesaid victuals is situated at Agra -Mathura Road P.S.Sikandara, District Agra. On 1.2.1992, Dinesh Chand Jaiswal s/o Prem Chanda Jaiswal r/o 113 Lukarganj, district Allahabad,owner of M/S Samrat Agency, accompanied with his nephew Atul Kumar, Applicant Kapur Chand Gupta s/o Ramdhari Gupta, r/o Hata taxi Stand, Station Road, district Deoria, owner of M/S Durga Traders,Mohan Road, district Deoria and Thakur Ramjit Singh, s/o Thakur Ranjit Singh r/o Kujadabag, district Sultanpur, owner of M/S Singh Trading Company, Khoamandi Shahganj, Sultanpur, came to the office of the Firm at Barah Bhai Gali, Belanganj,Agra, and assured that respondent no.3 should deliver them aforesaid goods and they will remit him the payment and so long as payment is not remitted the goods will remain under joint security between them. At that moment Ashok Kapur, Bhagwan Das, Devendra Kumar Sharma were present inside the office. Trusting and relying upon the assurances given by aforesaid persons including the applicant, respondent no.3 company C.R. Foods (India) Pvt. Ltd. vide bill nos.901/902 dated 2.2.1992, bill no.923 dated 8.2.1992, sold goods worth Rs. 1,30,054/- to M/S Durga Traders, Deoria, and vide bill no.921 dated 6.2.1992 and bill no.1022 dated 10.3.1992, sold goods worth Rs.77,050/- to M/s Singh Trading Co. and through various bills, in the years 1991-92, sold goods to M/S Samrat Agency and till 8.4.92 Rs. 1,08,826/- were balance on the said company. On Durga Traders Deoria, till 1.5.92, Rs.45045/= and on M/s Singh Traders Sultanpur, till 11.6.92, Rs. 24050/= were balance. (So far as present applicant Kapur Chand Gupta is concerned, he was sold with goods worth Rs.1,08,826/-). Applicant accused however did not remit the payment of the purchased articles. Further allegations by respondent no.3 are that inspite of various communications demanding remittance of sale prices and sending of representatives Bhagwan Das Gupta and Devendra Kumar Sharma to collect the payments, no payment was received and subsequently when Shyam Lal Jain went to demand balance amount who also told the applicant that he should return the goods if the payment is not to be made, that he was informed that payments have already been made to Dinesh Chand and Atul Kumar and they will remit the payment to respondent no.3. When Dinesh Chand and Atul Kumar were contacted they refused having received any payments from Kaupr Chand (applicant) and Ranjit Singh and they informed respondent no.3 that he can realise his payment by any means. Respondent no.3 therefore became confident that all the three persons in conspiracy with each other had cheated him of the various amounts mentioned above and therefore approached the police to proceed against the culprits.