PRAKASH UJJALAPPA BHOGJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The applicant seeks to quash F. I. Rs. in Crime No. 529/94 and 21/1996 registered by Kranti Chowk Police Station, Aurangabad.

(3.) To state in brief, on 30-12-1994, F. I. R. was lodged by respondent No. 2 as Manager or Authorised Officer of Ajeet Seeds Private Limited, Aurangabad. The report was against three persons namely Rameshwar Purshottam Mundada, prakash Ujjalappa Bhogje and B. B. Kadam. It was alleged that each of them had committed offences of cheating, misappropriation and breach of trust. In the present matter, we are concerned to the allegations relating to accused No. 2 prakash Bhogje, who is applicant before this Court. In the report it was alleged that the present applicant was sales representative of Ajeet Seeds Pvt. Ltd. from 21-12-1991 to 1-11-1993 and he was located at Sanga Reddy, Dist. Medak. The jurisdiction of the applicant as sales representatives was District Adilabad in andhra Pradesh and his office as such was located in New Ganj, Bhaisa, Dist. Adilabad. Ajeet Seeds Company had supplied certain seeds for sale through its authorised distributor namely Gouri Traders, New Ganj Bhaisa, Dist. Adilabad. However, the present applicant allegedly without prior permission of the company, on his own responsibility sold away some of the seeds to Pooja fertilizers, Dharmabad and M/s Kisan Seeds, Bodhan. He also used some of the seeds for his personal purpose. Value of seeds was Rs. 60,351-30. The sale proceeds of the said seeds should have been deposited with Gouri Fertilizers being the authorised distributor. However, the said amount was not deposited with them. On 28-11-1993 the applicant also confessed about the misdeeds and assured to deposit the amount with Gouri Traders within 15/20 days but in spite of that he did not deposit the full amount. During audit it was revealed that he had deposited Rs. 14,504/- and balance amount of Rs. 45,847-30 was misappropriated by the applicant. He had cheated the authorised distributor Gouri traders as well as Ajeet Seeds Ltd. and also had misappropriated and committed breach of trust in respect of the Said amount. Though, we are not concerned with other two accused persons, briefly it may be stated that the offence of misappropriation or breach of trust was allegedly committed by the accused no. 1 Rameshwar Mundada at Indore and Burhanpur in Madhya Pradesh and accused No. 3 B. B. Kadam, had committed the similar offence in Beed District. On the basis of this report lodged by respondent No. 2 Crime No. 529/94 came to be registered at Kranti Chowk Police Station.