LAWS(BOM)-2001-11-86

RANJIT MANIKCHAND SHAH Vs. J D ROADWAYS

Decided On November 08, 2001
Ranjit Manikchand Shah Appellant
V/S
J D Roadways Respondents

JUDGEMENT

(1.) HEARD learned Counsel appearing for the parties.

(2.) THIS petition is filed by the original complainant in Criminal Case No.174/S/98 pending in the Court of the Judicial Magistrate First Class, Pune, challenging order dated 5.5.1999 recalling the process and discharging the accused (respondent No.2), and the order dated 10.8.1999 passed by the 12th Addl. Sessions Judge, Pune, in Revision Application No.242 of 1999, rejecting the said revision and confirming the order of the trial Court. Brief facts necessary for appreciating the controversy are as under:

(3.) ON 11.10.1998 a telephone call was received by the complainant from respondent No.2 regarding receipt of the notice and requested him to return the goods to which the complainant readily agreed. The complainant also informed accused No.2 that he had sold 27 meters of cloth and he could return the remaining goods and for the goods he had sold. Thereafter according to the complainant, the accountant of accused No.1 one Dilip came to the shop of complainant at about 1.00 p.m, and goods were delivered to him and also paid Rs.200/- apart from the sum of Rs.842/- for the cloth sold by complainant. According to the complainant 27 meters of cloth was sold through oversight at the rate of Rs.38/- per meter. The notices were replied and in reply to the notice certain allegations have been made against the complainant. It was contended that complainant had deceived the employees of respondent No.1 to deliver the goods to him by making false representation and he was aware that the goods were meant for another company. It was also contended that accused No.2 refused to give receipt for the goods received and accused No.2 by making false representation induced him to return the goods. The complainant was however asked to approach Madhur Prints at Surat and make payment of the entire goods. In the circumstances, the complainant has filed the present complaint against accused. According to the complainant, by making false representation to return the goods, accused have committed offence of cheating under section 420 of the IPC.