SURENDRAKUMAR BHAGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Application, under Sec. 482 of the Code of Criminal Procedure, 1973, the Applicant invokes the inherent powers of this Court and seeks quashing and setting aside of F.I.R. bearing No.221 of 2020, registered at Chandwad Police Station, Nashik (Rural) on 8/12/2020 under Ss. 120-B, 34, 409, 420, 504, 506 of the I.P.C.

(2.) Facts giving rise to this Application are as under: The F.I.R. No.221 of 2020 has been lodged by Respondent No.2- Complainant, who is engaged in the business of trading onions through his company namely M/s. Paras Trading Company at APMC Complex, Chandwad, Nashik. It is alleged that the Applicant has two companies in the name of M/s. Surendra Kumar Bhagat (H.U.F) and Shri Laxmi Traders, Firm at Purnia, Bihar. The Applicant is one of the partners of M/s. Surendra Kumar Bhagat (H.U.F.). It is alleged that, since the year 2016, the Applicant was trading in the commodity of onions with Respondent No.2. That, based on the demands of the Applicant, Respondent No.2 used to purchase the onions from the APMC and supply the same to Applicant through railway/trucks. In turn, the Applicant was paying for the goods supplied through banking transactions. It is alleged that, thus the Applicant through mutual business gained the trust of Respondent No.2. That, between December 2018 to January, 2019, during the normal course of business, Respondent No.2 supplied total 9604 Quintile and 15 Kg of onions worth of Rs.69,54,943.00 to M/s. Surendra Kumar Bhagat (H.U.F.). But out of the said amount, the Applicant has paid to Respondent No.2 Rs.28,99,994.00 only through banking transaction. Hence, Respondent No.2 contacted the Applicant and other accused persons telephonically and demanded the balance amount of Rs.40,54,949.00, but they avoided to pay the same. Therefore, Respondent No.2 got compelled to borrow money and pay it to the onion producers-agriculturists. Thereafter, again Respondent No.2 contacted the Applicant and the co-accused telephonically and demanded the balance amount, but it was in vain. Then Respondent No.2 contacted the other onion businessmen at Chandwad and Pimpalgaon. They revealed that their amount is also due from the Applicant but he is avoiding to pay them. Hence, all the businessmen went to Bihar, met the Applicant and co-accused and demanded their money, but the Applicant and co-accused refused to pay the money. Thereafter, many a times Respondent No.2 phoned the Applicant and demanded the balance amount. So, the Applicant paid him Rs.50,000.00 only. However, the Applicant and the co-accused denied to pay the balance amount of Rs.40,54,949.00. Thus, the Applicant and others cheated to Respondent No.2. Hence, Respondent No.2 lodged the said F.I.R. which was registered against the Applicant and the co-accused persons for the offences punishable under Ss. 120-B, 409, 420, 504, 506 read with 34 of the Indian Penal Code, 1860. But according to the Applicant, he is innocent, yet, he has been implicated in the said F.I.R. Hence, this Application.

(3.) Peruse the Application and the documents enclosed.