K SRINIVAS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) By this petition under Section 482, Cr.P.C., K. Srinivas, the petitioner is challenging the proceedings in C.C. No. 6/95 on the file of J.F.C.M., Narasapur initiated against him for the offences punishable under Section 420 and 406, I.P.C. The said proceedings have been initiated by the Inspector of Police, Bolaram on the complaint preferred by one J. Willaiamson, Asst. Manager, Mould Teck Plastics Ltd., Ameerpet, Hyderabad.

(2.) On the complaint given by the Asst. Manager, Mould Teck Plastics Ltd., a case in Cr. No. 14/94 under Sections 420 and 406, I.P.C. has been registered against the petitioner herein who is the Managing Director of M/s. Shayamalamba Industries Pvt. Ltd., Ramnagar, Hyderabad. The case has been investigated and the charge-sheet has been filed and the same has been taken on file as C.C. No. 6/95 by the Munsiff Magistrate, Narsapur. Copy of the said charge-sheet has been filed along with the petition. As seen from the charge-sheet, the case of the prosecution in brief, is as follows : The petitioner-accused and the defacto-complainant, on behalf of their respective companies, entered into an understanding that the complainant should provide HDPE granules (raw-material) to the accused for the purpose of moulding plastic containers as per the specifications of the complainant and the accused return the finished products to the complainant and the accused is entitled to raise the bill as per the agreed rates for carrying out the job work entrusted to him by the complainant. As per the said understanding/agreement, the factory of the complainant supplied raw-materials after obtaining permission from the Central Excise Department from June, 1993. The accused also returned the finished goods regularly and submitted the raw-materials' account from September, 1993. The complainant contends that on verification, the accused was found holding raw-material nearly 7.5 metric tons and actually as per the Central Excise Challan, the raw-materials withheld by the accused is about 8 metric tons and the complainant requested the accused to return the remaining raw-materials worth Rs. 3.5 lakhs and thus, it is alleged, the accused cheated and committed criminal breach of trust and thus, committed offences punishable under Sections 420 and 406, I.P.C.

(3.) It may be stated here that on behalf of the petitioner-accused herein Crl. M.P. No. 427/97 was filed for discharge of the accused before the trial Court on the ground that there are no grounds to frame charges against the accused. The learned Magistrate after hearing both sides, dismissed that petition by his order, dated 24-6-1996. Thereafter, the accused has come up with this petition for quashing the said proceedings.