JAGDISH VALECHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed for quashment of the FIR in Crime No. 155/2016 registered by Police Station Maharajpura District Gwalior for offence under Sections 420, 406, 506, 294 and 34 of IPC.

(2.) The brief facts leading to the filing of this petition as disclosed in the F.I.R are as under:-

(3.) On 5.5.2016, complainant Yatendra Singh Chauhan, who is respondent no.5 herein, lodged the written complaint with police station Maharajpura Gwalior stating that he is the owner of the M/s Yatendra Chauhan Contractors and Suppliers. Petitioner Jagdish Valecha and his brother Dinesh Valecha are the Directors of the Valecha Engineering Pvt. Ltd Co. (for short the company ). Kapil Valecha and Karan Valecha are the sons of the petitioner. M.H.Mehta is the General Manager of the company. On 10.10.2014, on behalf of the company, M.H.Mehta had entered into a written agreement with him in his residence at DH 89 DD Nagar Gwalior. According to the agreement, he had to supply 2,50,000/- metric tons crushed stones aggregate at the work site of the company as it has got the contract of construction of four lane road of Etawah-Mainpuri Purawali at that time. As per the agreement, he supplied crushed stones worth Rs.68,00,000/- (sixty eight lac) during the period from NovemberDecember 2014 and January 2015. The company paid him only 10,00,000/- (ten lac) rupees against the aforesaid amount. The company gave him two cheques bearing Nos.69999 and 993058. Both the cheques were dishonored by the drawee bank of the company. The directors and the employees of the company fled away from the work site. One Navin Bajaj also lodged an FIR at Police Station Jhansi Road Gwalior for the similar type of the offences having been committed by them. In that case, the police arrested Dinesh Valecha from Mumbai. When he was being brought to Gwalior, he escaped from the custody of the police at Railway-Station Bina. Now, the aforestated persons would hurl at him various kinds of filthy abuses and would give him death threats on phones. Upon the complaint, Police Mahajarajpura Gwalior registered the FIR at Crime No.155 of 2016 and have made the petitioner, Dinesh Valecha, Kapil Valecha and Karan Valecha the accused persons of the case for committing the offences punishable under Sections 420, 406, 506, 294 and 34 I.P.C.