AGARWAL INTERNATIONAL MUMBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard the learned Counsel for the petitioner.

(2.) By order dated 17-3-2010, this Court had directed notice to the respondent Nos. 2 to 4 and had also directed that the notice shall indicate that the petition may be finally disposed of at the admission stage. The notice was served and the learned Counsel for the respondent Nos. 2 to 4 appeared and sought time. On 27-4-2010, on request by the learned Counsel for the respondent Nos. 2 to 4, the matter was adjourned as a last chance. Thereafter also, on 15-6-2010, the matter was again adjourned on the request of the learned Counsel for respondent Nos. 2 to 4. Today, none appears for the respondent Nos. 2 to 4.

(3.) The petitioner had filed a complaint against the respondent Nos. 2 to 4 for the offence punishable under section 420 read with section 120-B, Indian Penal Code. It was contention of the petitioner in the complaint that respondents. 2 to 4 had agreed to deliver certain goods to the petitioner on making payment of Rs. 13 lakh. On that representation, the petitioner had made payment of Rs. 13 lakh, but the goods were not supplied and when the petitioner insisted the respondents for supply, they contended that the said amount was adjusted against dues from one Mr. Inder of M/s Parul Creation, with whom the petitioner had no concern. According to the petitioner, the respondent Nos. 2 to 4 had cheated him and made him to make payment of Rs. 13 lakh, while they had no intention to supply the goods. The complaint was filed on 15-7-2005. Verification statement was also recorded. The complaint was supported by a number of documents. In view of the facts and circumstances, the learned Magistrate, 29th Court, Dadar, passed an order dated 2-3-2006 and directed N. M. Joshi Marg Police Station to carry out investigation under section 202, Criminal Procedure Code and to submit a report.