SUBODH KUMAR GUPTA Vs. ALPANA GUPTA AND ORS.

JUDGEMENT

(1.) This common order shall govern the disposal of M.Cr.C. Nos. 5863/2008 and 5317/2010. The facts giving rise to these two applications under Section 482 of Cr.P.C. are that the applicant of M.Cr.C. No. 5863/2008, Subodh Kumar Gupta, who shall be referred to as applicant, for sake of convenience filed an criminal complaint against the respondents, Smt. Alpana Gupta and Manakchand Agrawal, who shall be referred to as respondent Nos. 1 and 2 respectively, for sake of convenience, before the Court of Chief Judicial Magistrate, Mandsaur. The complaint was filed under Sections 406, 420, 461, 471 and 120-B of IPC.

(2.) According to the averments made in the complaint, the applicant owned a modern Dairy Farm in which 200 cattle heads of hybrid hostenprison, jersey cows, bulls and calves were kept. The total cost in the year 1980 was Rs. 40,269/-. According to the applicant, he handed over possession of the farm along with 200 cattle heads to respondent No. 2 on lease. The lease rent was Rs. 12,000/- per year. Respondent No. 2 paid lease rent upto the year 1992-1993, which was deposited in the personal account of the applicant on 8-12-1992. After the year 1992-1993, the respondent No. 2 stopped paying lease rent. When the present applicant demanded the amount, he refused to pay him the amount and also refused to handover the cattle heads. Even after he stopped paying lease rent, as the respondent No. 2 was his relative, he did not take any action in good faith. However, on 7-6-2002, he served a notice to respondent No. 2 but respondent No. 2 did not reply the notice. He also sent a complaint to Superintendent of Police, Mandsaur by a registered letter. Finally, he lodged the complaint before Police Station, City Kotwali, Mandsaur on 23-7-2003. However, the police did not take any action. According to the applicant, the respondent No. 2 had even shown payment of lease rent in his income-tax return as he was an income-tax payee. On 22-7-2003, when he again claimed the cattle heads, the respondent No. 2 refused to handover the cattle heads and informed him that he handed over all the cattle to respondent No. 1-Smt. Alpana Gupta.

(3.) According to the applicant, from the very beginning the intention of the respondent No. 2 was to deceit him. He entered into a conspiracy with respondent No. 1 and they both committed the offence of breach of trust in respect of the cattle heads. On this premises, the complaint was filed before the Court of Chief Judicial Magistrate, Mandsaur. It transpires from the record that the learned Chief Judicial Magistrate ordered investigation under Section 156(3) of Cr.P.C., on which, the Crime No. 138/2004 was registered at Police Station, City Kotwali, Mandsaur under Sections 406, 420, 468, 471 and 120-B on 27-2-2004. After investigation, a final report (closure) was filed by the police station under Section 173 of Cr.P.C. as closure No. 91/2004 on 31-7-2004. It was stated in the final report that no evidence was found for registering the crime under aforesaid sections. It is also stated in the report that no documents in respect of giving the farm on lease to respondent No. 2 was submitted before the police. On receiving the closure report, the learned Chief Judicial Magistrate proceeded to inquire under Sections 200 and 202 of Cr.P.C.. The statements of complainant/Subodh Gupta and another witness Anil Kumar Gupta was recorded by the learned Chief Judicial Magistrate, and thereafter, the learned Magistrate passed the order dated 13-1-2008 whereby the learned Magistrate taking into consideration the statements of the present applicant and the witness gave a finding that prima facie no offence under Sections 406, 420, 461, 471 and 120-B appear to have been committed. Accordingly, he dismissed the complaint and also excepted the closure report submitted by the police in Crime No. 138/2004.