NITIN CHANDULAL THAKKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants have approached this Court under Sec. 482 of the Criminal Procedure Code for quashing of FIR in Crime No.652/2020 dtd. 30/10/2020 registered with Jalgaon City Police Station, Dist. Jalgaon for offences punishable under Ss. 406, 420 r/w 34 of the Indian Penal Code and consequential criminal proceeding in R.C.C. No.450/2021 pending before Judicial Magistrate First Class, Jalgaon.

(2.) The respondent no.2 lodged report to the Jalgaon City Police Station alleging he is Law Officer of M/s. Rishabh Metals and Chemicals Private Limited, which is a registered company in terms of Companies Act. It has been incorporated in the year 1975 and engaged in business of processing and selling variety of chemicals. The company accepts orders through emails and supply chemicals on credit as per demand of customers. It is alleged that applicants / accused are Directors of company namely Narol Textile Infrastructure and Enviro Management (NTIEM). The said company put purchase orders for 'Rishlyte and Rishfloc' during the period from 21/7/2019 to 21/8/2019 worth Rs.44,09,234.00. In response goods were supplied through Chintan Freights Carrier on assurance that bills shall be cleared within a period of 30 days. The GST amount on the goods supplied was paid by M/s. Rishabh Metals and Chemicals Private Limited. The accused persons failed to release the amount of bills towards goods supplied. As such, accused persons deceived M/s. Rishabh Metals and Chemicals Private Limited and caused loss of Rs.44,09,234.00.

(3.) In pursuance of aforesaid report, Crime No.652/2020 came to be registered against applicants, who are Directors of NTIEM. The investigation progressed in crime. Finally, charge-sheet has been filed and R.C.C. No.450/2021 which is pending before Judicial Magistrate First Class at Jalgaon for trial.