DENSEN JOSEPH Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Sinha, J. By means of present writ petition under Article 226 of the Constitution of India the petitioner has sought for issue of a writ in the nature of certiorari for quashing of the entire proceedings of complaint case No. 4848 of 2002, Puran Chand Pandey v. Densen Joseph, under Sections 420, 406, 323, 504 and 506 I. P. C. , Police Station Mandi Saharanpur, including impugned order dated 5-7-2005, summoning the petitioner as an accused, pending in the Court of Additional Civil Judge (Junior Division/judicial Magistrate) Court No. 21, Saharanpur.

(2.) THE brief facts, giving rise to the present writ petition, are that the petitioner was appointed as Sales Manager with M/s. Somaan Brothers FZC, C-3-18/08, Post Office Box No. 7803, Saif Zone, Sharjah, U. A. E where he worked from 15-6-2002 to 3-2-2003. THE respondent No. 2 is engaged in the manufacture of wood carving materials, which is prepared and sold at different places. A purchase order was placed by M/s. Somaan Brothers FZC, Saif Zone, Sharjah, U. A. E. to the respondent No. 2, M/s. Shivam Enterprises, Gali No. 14, Peer Wali Gali, Mandi Samiti Road, Saharanpur on 15th of August, 2002 for purchase of certain wood carving materials with the terms that goods must be shipped in one lot within a period of 45 days from the date of the order and timely delivery of the consignment was very important. THE copy of the purchase order is Annexure-2 to the writ petition. THE debit note was prepared on 30-9-2002 by I. C. I. Container Line Pvt. Ltd. for the consignment of M/s. Shivam Enterprises which was booked to M/s. Somaan Brothers. THE copy of the debit note dated 30-9-2002 is Annexure-3 to the writ petition. THE proforma invoice and bill were also prepared by M/s. Shivam Enterprises Saharanpur, respondent No. 2, which are Annexures-4 and 5 to the writ petition. THE purchase order, Proforma Invoice debit note, Bill of Lading etc. indicate that the purchase was made by M/s. Somaan Brothers from respondent No. 2 which were booked directly in the name of M/s. Somaan Brother, Sharjah, U. A. E. and the petitioner has nothing to do with this purchase order or consignment. THE petitioner worked with M/s. Somaan Brothers from 15-6-2002 to 3-2-2003 and thereafter he left M/s. Somaan Brothers and had come back to India and had joined M/s. Vertex Customer Management, 3rd Floor, DLF Centre Court, DLF City, Phase V, Gurgaon, Haryana.

(3.) THE petitioner filed a rejoinder reiterating the incident as disclosed in the main affidavit.