MAYUR KAILASHCHANDRA KHANDELWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The proceeding is fled for relief of quashing and setting aside C.R.No. 40/2017 registered with Savda Police Station, District Jalgaon for the ofences punishable under sections 420 , 406 , 120-B and 34 of Indian Penal Code. During pendency of the present matter, chargesheet came to be fled. Permission was granted to the applicants by this Court by order dated 2.11.2020 to claim the relief of quashing of the case itself and accordingly, both the sides are heard for this relief.

(2.) The crime was registered on the basis of report given by respondent No. 2 on 28.7.2017. It is contended by respondent No. 2 that as she was working as broker in agricultural produce banana she had become acquainted with the owners of Khandelwal Transporters. Applicant No. 1 Mayur is son of applicant No. 2 Kailas Khandelwal and applicant No. 3 was working as accountant (Munim) of these accused at the relevant time. In the past, informant was hiring transport vehicles of applicant Nos. 1 and 2 for transportation of banana from Jalgaon district to other places.

(3.) It is the contention of informant that on 9.4.2017 applicant No. 1 approached her at Savda and said that she can hand over banana collected by her from farmers to him and he can fnd the traders who will give better price to her and she can make more proft. It is her contention that applicant No. 1 represented that due to transport business, they had acquaintance throughout India and so, they were in a position to sell banana at higher price in other States. It is her contention that initially she said that she did not want to sell banana to one who was not acquainted with her and upon that applicant No. 1 represented that he was ready to execute agreement in her favour and on that basis the transactions can be made. As there was the promise from applicant No. 1 that he will give higher price, according to her, agreement was made on the next day. It is contended that written agreement was made to the aforesaid efect in her favour.