KAMLESHKUMAR Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) The proceeding is filed under sections 482 and 483 of the Code of Criminal Procedure for the relief of setting aside and quashing of the order dated 28-11-2007 made in RCC No.1058 of 2007 by the learned Judicial Magistrate, First Class, Nanded by which the learned Judicial Magistrate has directed police to make investigation under section 156(3) of the Code of Criminal Procedure. Relief of quashing of the FIR of CR No.122 of 2008 which came to be registered on the basis of the order made by the Judicial Magistrate is also claimed. Both the sides are heard. Learned Additional Public Prosecutor is also heard.

(2.) Respondent No.2 of the present proceeding has contended that he deals in pesticides and seeds and he is doing business in Nanded. Accused No.2 Anil Kulkarni is the manager of accused No.1 and they are doing business of supply of hybrid seeds. Accused No.1 is the Director of Global Hybrid Seeds Company Ltd, the office of which is situated in Gujarat. The complainant had agreed to become the Distributor of this company after negotiations with accused Nos.1 and 2.

(3.) It is the case of the complainant that in the month of June 2005 accused No.1 visited Nanded and he proposed package for seed of wheat. Representation was made to the complainant the seed worth Rs.15 lakh will be supplied but the complainant will be required to pay in advance Rs.9.58 lakh prior to 14-12-2005. As there was possibility of making huge profit, the complainant got attracted to the scheme and he made payments by cash and by giving bank Drafts and upto 10-12-2005 he made payment of R.9.58 lakh. The accused No.1 had promised to reach the seeds on or before 15-12-2005.