PARASMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.113 of 2022 registered with Sanghvi Police Station for offences punishable under Sec. 406, 420 read with Sec. 34 of the Indian Penal Code, 1860, the applicant is seeking relief under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) According to the informant, the applicant is engaged in business of supplying goods of Intex Company. The applicant's business is to purchase goods of Intex Company and sell it to retailers and wholesalers. The manufacturers do not provide facility of sale of goods to either retailers or wholesalers except distributors like the applicant. The informant, therefore, transferred amount of Rs.11,65,295.00 for purchase of various goods. The applicant promptly supplied the goods to gain confidence of the informant. Immediately thereafter on 28 th September 2020, the informant sent an amount of Rs.13,80,939.00 to the applicant and goods in the amount of Rs.11,54,606.00 were supplied to the informant. Thereafter, various amounts were paid by the informant for purchase of goods; however, the applicant refused to supply the goods. According to the informant, the intention of supplying goods promptly at the initial stage was to gain confidence and, thereafter, refuse to supply the remaining goods. Therefore, report is lodged.

(3.) The applicant applied for relief under Sec. 438 of the Criminal Procedure Code, 1973, which came to be rejected by order dtd. 6/12/2022.