BRAJO SUNDER KRISHNAPAD BANERJEE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application filed U/s 482 of the Cr.P.C. for quashing proceedings of Criminal case arising out of Crime No.I-33/2005, registered at Bidkin Police Station for offences U/s 406, and 420 of the I.P.C.

(2.) Admittedly, there took place agreements between Dr.Champalal Desarda and applicant Brajo Sunder. The former owns a horticultural garden in field Gat No.79 at village Bidkin, styled as "Madhur Keshar Faludhyan Kendra", whereas the latter runs a proprietary business styled as "M/s India Seeds and Horticultural Firm, Howrah (Calcutta)". By mutual agreements it was agreed that the applicant would supply saplings of Sandal wood plants. It was agreed that the applicant would supply saplings of high quality mango plants of 'Amrapali' variety, and that of Mohogani plants. The parties entered into three separate agreements. There is no dispute about the fact that as per terms of the agreement, the applicant was supposed to develop the orchard and garden. He agreed to supervise the cultivation of the plants and provide for consultation to take care of the plants. He represented that the Amrapali variety of mango plants would give yield after couple of years to the extent of part and after five (5) years of at least 500 Kg. per tree. He also represented that the Mohogani plants would be fully grown after 25/30 years. It was agreed that as and when the applicant or his representative would visit the orchard/garden, he or his representative would enter the observations and details of visit in the visit book which was to be maintained by the farm owner i.e. Dr.Champalal Desarda. It was agreed further that in case the plant will not bear fruits then the applicant would replace the same at his own costs and would cultivate it. He would not, however, be liable to pay any compensation. The terms of the agreement dated 6.6.2001, 3l.5.2001 and 4.6.2001 were reduced into writing as per mutual understanding of the parties.

(3.) There is controversy as regards who committed breach of the terms of the agreements. The applicant alleged that Dr.Champalal Desarda did not perform his part of the agreement. He filed criminal proceedings against Dr.Champalal Desarda in the Court at Howrah. Thereafter, employee of Dr.Champalal Desarda lodged F.I.R. on 27.3.2005 against the applicant at Bidkin Police Station. The F.I.R. lodged by complainant Vivek, who claims to be liaison Officer of Dr.Champalal Desarda, purports to show that the applicant met his Master in September 2001 and represented that he deals in best quality saplings. He canvassed utility of best quality saplings and also showed a video film demonstration to explain how wood plantation would give better yield and benefit. He assured that the horticultural farm owner would get plenty of income and there will be no loss. It was further alleged that Dr.Champalal Desarda purchased saplings of sandal wood plants, Amrapali variety mango plants and saplings of Mohogani wood plants. It was averred in the F.I.R. that the applicant visited horticultural farm from time to time and collected amount of Rs.2,00,000/- (Rupees two lacs) from the owner - Dr.Champalal Desarda. Allegedly, the applicant subsequently did not keep the promise and stopped visits to the horticultural farm. The saplings provided by him were found to be of inferior quality. The yield of mango plants was also not as per the assurance given by him. Consequently, it was alleged that the applicant committed offence of criminal breach of trust and cheating.