SATYANARAYANA TRADERS Vs. BALAJI TRADING COMPANY

JUDGEMENT

(1.) This petition under Sec. 482 of Criminal Procedure Code (for short 'Cr.P.C') is filed to quash the order passed by XI Additional District and Sessions Judge, Krishna, Gudivada, in Criminal Revision Petition No.62 of 2009 dtd. 11/6/2012, confirming the order passed by Additional Judicial Magistrate of First Class, Gudivada in C.F.No.6937/2008 dtd. 8/7/2009, whereby the complaint was dismissed, having found that it is a case of civil nature.

(2.) The petitioner filed a private complaint before the Additional Judicial Magistrate of First Class, Gudivada against five accused, alleging that accused No.1 used to receive stocks of boiled rice from the complainant, on the basis of consignment sale and as per the terms agreed between the complainant and the accused, accused No.1, after receiving a consignment from the complainant has to store the said received boiled rice stock in its godown at their place, maintain it in good condition and sell the same to the parties. Accused No.1 has to repay the price of the stock to the complainant, after deducting expenses incurred by it for storage, carting expenses, insurance and its business commission besides bank charges. In this manner, accused No.1 is entrusted with the stocks of boiled rice from time to time and then the stocks are kept in the custody of accused No.1 for sale under consignment basis. Until the sale of supplied boiled rice is completed to actual purchasers from M/s. Balaji Rice Trading Company, the complainant remains the owner of the property. Thus each consignment of boiled rice is entrusted to the accused with a condition to sell the same, after deducting the stipulated commission and return the balance of sale proceeds to the complainant. Accused No.3 approached the complainant and on belief that himself and other accused are doing the above said business and requested for supply of boiled rice to them under consignment basis. All the accused in a cleverly designed manner, received different consignments of boiled rice from time to time, started keeping a substantial amount with them, showing it as due to the complainant, in spite of selling the stock of boiled rice to customers and receiving full payments from them. The accused have diverted the sale proceeds and utilized the same for their own individual needs, without the knowledge of complainant. Thereby the amount due from accused No.1 company is Rs.70,32,617.00 as on 1/4/2005. Accused Nos.2 to 5 on behalf of accused No.1 were making small payments towards the outstanding due and retaining substantial amount with a view to have wrongful gain for themselves. Thus, by 2/9/2005 accused No.1 acting through accused Nos.2 to 5 are due to pay an amount of Rs.38,36,978.00 towards sale proceeds of boiled rice.

(3.) The complainant got issued registered legal notice to accused Nos.2 to 5, but accused Nos.2 and 5 only received the notice and got issued reply with false allegations. The complainant filed a private complaint on 20/2/2006 and the court forwarded the same to the Station House Officer, Gudivada Taluk P.S under Sec. 156 (3) of Cr.P.C. Later the police registered a case in Crime No.31 of 2006.