SONALKAR CHEMICALS PUNE Vs. EAGLE FLASK INDUSTRIES LTD

JUDGEMENT

(1.) THIS Criminal Writ Petition is filed by the original complainant M/s Sonalkar Chemicals, being aggrieved by the order dated 10th March, 1995 passed by the Additional sessions Judge, Pune in Criminal Revision Application No. 606 of 1994. By the impugned Judgment and order, the learned additional Sessions Judge, Pune, allowed the said Criminal revision Application of the Revision Applicants/original accused, and quashed the order of issuance of process passed by the Judicial Magistrate, First Class, Pune in Criminal case No. 215 of 1994 on 16th June, 1995.

(2.) FEW facts which are required to be stated are as follows : The complainant filed complaint dated 17th May, 1994 against respondents 1 to 5 for offence punishable under section 420 of the Indian Penal Code. The complainant is a proprietary concern and used to supply silver to accused no. 1 company. Accused Nos. 2, 3 and 4 are some of the directors of accused No. l. The complainant used to convert silver into silver nitrate and for that purpose, the accused used to pay to him labour charges separately. This practice was going on for a very long time, and it was specifically agreed between the parties that the rate would be quoted by the complainant. It was also agreed between the parties, as per the case of the complainant, that the accused would make payment against delivery of silver. This was because the complainant had to obtain loan from the Bank for the purpose of purchasing the silver from the open market and had to pay interest to the Bank at the rate of 21% for the said loan. However, as the complainant s story goes, the accused used to make delay in paying the bills. In Para 6 of the complaint on Page No. 15 of the paper book, the complainant has stated that in one such transaction, representation was made to the complainant by the accused persons that his payment would be made and thus, induced him to supply the next delivery of the silver worth rs. 2,12,535. 56 Paise. Some cheques were given to the complainant, which were dishonoured, as the accused gave stop payment instructions. The grievance of the complainant therefore, is that right from the beginning, the accused had dishonest intention of not making the payment for the earlier amount due and in spite of that, they further induced the complainant to supply silver, so far as that particular Bill No. 14 is concerned on the pretext that the payment of the earlier bill was cleared. Hence, the complaint.

(3.) I have heard Ms. Rutuja Ambekar for the petitioner and Mr. Salvi, the learned A. P. P. for respondent No. 6/state. I have also perused the proceedings.