SHAIKH SHAKIL ANWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A short but important point is raised in this criminal writ petition, which is filed by the accused persons, for quashing criminal proceedings initiated on the complaint lodged by the respondent No. 2 for the offences punishable under sections 406 and 420 of the indian Penal Code.

(2.) THE respondent No. 2 is the Managing director of Belganga Sahakari Sakhar Karkhana Ltd. (for short, hereinafter, referred to as the sugar factory ). The sugar factory is engaged in manufacturing sugar. Its activity is to procure sugar-cane from its area of operation and also to sell sugar within the State of Maharashtra or elsewhere in India.

(3.) THE respondent No. 2 filed a complaint stating the petitioners entered into an agreement on 9-9-1989 whereby the petitioners agreed to carry out work of transportation of sugar-cane from various fields located within the area of operation of the sugar factory. The petitioners agreed to provide ten trucks and in pursuance to the agreement they pretended to deploy four trucks initially by receiving an advance amount of Rs. 1,42,096/- in two instalments, one on 11-9-1989 and another on 29-9-1989. But to the surprise of the complainant, the accused all of a sudden withdrew trucks from the regular work of transportation of sugar-cane without any prior notice or intimation whatsoever, immediately after three months, though the agreement was for the period of whole season of 1989-90. The complainant alleged that the petitioners deliberately with certain mala fide and ulterior motive not only breached the terms of agreement but showed their intention to induce the complainant from parting with large amount and as such committed offences punishable under sections 406 and 426 of the indian Penal Code.