VENKADASAMY SUBBURAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure challenging registration of First Information Report No.86/2018 with the non-applicant No.1 -Police Station dtd. 19/02/2018 for the offence punishable under Sec. 406 of the Indian Penal Code.

(2.) The First Information Report came to be registered against the applicants and others with the accusation that the cotton supplied by the non-applicant No.2 to the applicants was converted into thread and as per the agreement dtd. 07/09/2013, in case of failure on the part of the applicants to repay the amount of cotton supplied by the non-applicant No.2 to the applicants, the applicants were prohibited from selling cotton yarn manufactured and supplied by the non-applicant No.2. With these accusations, it is alleged that the cotton entrusted by the non-applicant No.2 with the applicants had been dishonestly converted into own property by the applicants and have sold it in the market contrary to the agreement between the non-applicant No.2 and the applicants.

(3.) The applicants, therefore, have challenged registration of First Information Report by way of present criminal application. This Court on 07/06/2018 issued notice to the non-applicants. The non-applicant No.2 in pursuance of the notice issued by this Court, has filed reply. It is stated that the applicants had specifically agreed that they shall not sell cotton supplied by the non-applicant No.2 without written permission of the non-applicant No.2. It is further stated that various cheques which have been issued for repayment of the cotton supplied by the non-applicant No.2 to the applicants, have been dishonoured. There is civil suit for recovery of said amount filed before the Civil Judge Senior Division, Nagpur bearing Special Civil Suit No.610/2017 which is pending. It is further stated in para 9 of the reply that the applicants are in-charge of day to day affairs of M/s. Subburaj Spinning Mills Pvt. Ltd. and have dishonestly used and disposed of cotton supplied by the non-applicant No.2. Therefore, prima facie, ingredients of the offence punishable under Sec. 406 of the Indian Penal Code are made out.