ASHOK KUMAR DOSHI Vs. SIYARAM CHHOTELAL VAISYA

JUDGEMENT

(1.) THIS is a petition under section 482 of the Code of Criminal procedure, for issuance of suitable order or direction quashing the proceedings in Criminal Original Case No. 7 of 1976 in the Court of the Chief judicial Magistrate, Bhind (M. P. ).

(2.) THE facts giving rise to the petition are that there is a cold storage by name M/s. Neelam Cold Storage, a partnership film situated in Industrial Area, Lahar Road, Bhind. The partnership firm is engaged in the business of cold storage of potatoes. The said partnership was constituted in the year 1971 with two partners, namely, Shri Sureshchand Jain and shri Nemichand Jain. On 1-4-1974, four more partners were taken in the partnership. They were Krishnadass Doshi, Ashok Kumar Doshi (the petitioner), Anup Kumar Doshi and Kailash Chand Jain. In 1975, three of the six partners separated from the partnership firm. They are Sureshchand jain, Nemichand Jain and Kailashchand Jain. The remaining partners continued to be the partners of the said firm. The remaining partners are krishnadass Doshi, Ashok Kumar Doshi and Anup Kumar Doshi.

(3.) NON-PETITIONER Siyaram Vaishya filed a complaint in the Court of the Chief Judicial Magistrate, Bhind on 18-11-1974 under sections 407,323, 504 and 506-B of the Indian Penal Code, against the petitioner. A copy of the complaint filed is annexed with the petition and is marked as Annexure I. It was alleged in the complaint that the complainant engages in the business of potatoes and the petitioner is the owner of the cold storage situate in the Industrial Area, Lahar Road, Bhind. The potatoes are stored along with other articles under certain conditions entered between the businessmen of the potatoes and the partners of the above-mentioned firm. An agreement was also entered some 8 or 9 months prior to the filing of the complaint, between the complainant and the firm. The complainant further alleges that he kept about 1409 bags of potatoes in the cold storage. It was further alleged that the complainant was to pay Rs. 10 per quintal as rental charges for keeping the potatoes in the cold storage. The complainant, from time to time, removed certain bags of potatoes from the cold storage as and when necessary and as the business demanded. The total of all bags lifted by the non-petiiioner is 1250 bags. The complaint further says that on 8-5-1974 and 20-8-1974, the complainant got some gate passes for removal of 11 bags and 130 bags of the potatoes respectively. But, as the market was not favourable, the complainant did not remove these bags and packets which were with the partnership firm. On 28-9-1974, the non-petitioner got a gate pass for 89 bags, but he removed only 42 bags of potatoes and as he was not in the need of the rest of the potatoes, he did not remove the remaining bags. Therefore, according to the complainant, he could not remove in all 188 bags of potatoes and the bags remained with the firm in the cold storage. Taking into account the bags kept in the cold storage and the bags removed by the non-petitioner, it is alleged that 347 bags of potatoes still remained with the partnership firm in the cold storage.