MEENAKSHI SUNDARAM TEXTILE LTD Vs. GOKULCHAND RAKHABCHAND

JUDGEMENT

(1.) This petition under Section 482, Cr.P.C., has been filed by the applicants against the order dated 14/08/2001 passed by XII ASJ Indore in Cri. Revision No. 372/99, arising out of the order dated 13-10-99 passed in Criminal Complaint No. 431/99 by II Additional Chief Judicial Magistrate, Indore.

(2.) Non-applicant Gokulchand Rakhabchand has filed criminal complaint against the applicants before II ACJM, Indore. His case, in brief, is that through cotton broker, Algappan, the applicants had approached him for purchase of bale of cotton with an assurance to make the payment between 15 to 20 days from the date of receipt of bale of cotton after deducting 19% through DD. On this inducement the non-applicant agreed to send cotton bundles but they did not pay the price as per the agreement. The non-applicant was sending cotton bales valuing more than crores of rupees on the pretext of their premise to pay money. He was also sending cotton bales for maintaining relations because he had to recover previous balance from them and if he would stop to send the goods and would stop transactions, they will not send any amount and he will have to loose balance amount. It has also been alleged by the non-applicant in his complaint that non-applicant had purchased cotton bales at 1200/- rupees loss price per Kahndi and the same were sold to the other concern who is their sister concern at 600/- rupees less price at different dates and earned profit but didn't remit the amount to them. The applicants sent post dated cheque bearing No.817189 dated 15-1-99 for Rs. 4,85,109/- drawn on Bank of Madura Ltd. but on production, it was bounced. The applicants had committed cheating with the non-applicant and after playing fraud and mis-representation they had earned wrongful gain and cause wrongful loss to the non-applicant.

(3.) The trial Court, after examining witnesses of the complainant/non-applicant, under Section 200, Cr.P.C. and 201, Cr.P.C. passed the order against the applicants and broker Algappan and also issued process against them.