BANTI Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD .

(2.) PERUSED the case diary

(3.) AS per prosecution case, complainant Awadhesh Gupta is a commission agent of Shri G. Road Carrier, Balla Ka Dera, Gwalior -Jhansi Road, Dabra. On 13 -09 -2013, at about 11:00 O' clock in the morning, on a vehicle bearing registration No. UP 93T9059 driver Bhore Khan with Banti Goswami and Hari Singh Parihar came there and told that their vehicle is available and asked to provide goods for transporting to Indore line. The complainant was not acquainted with them, so, he asked for guarantee, whereupon the accused told that their in -law Sattar Khan resides at Dabra who will furnish guarantee. They called Sattar Khan and thereafter Sattar Khan furnished the guarantee. Since the complainant knew Sattar Khan, therefore, he believed, but complainant for safer side noted Chassis number and engine number of the aforesaid truck. Thereafter, the complainant talked with employees of ITC company who told that 280 quintals of wheat are to be transported to Pithampur/Indore. Thereafter, the complainant loaded goods on the aforesaid vehicle and also gave Rs. 30,000/ - as advance to Hari Singh Parihar. When the vehicle did not reach the destination at the scheduled time, then the complainant inquired about the vehicle from the owner of the vehicle Neeraj Sonkiya, who told that the vehicle has gone out of order and thereafter he disconnected his mobile. When the complainant was unable to contact him, he tried to search the vehicle and took the information from village Chhimak. He met with Banti and Hari Singh who were immediately handed over to Station House Officer, Dabra, but they were freed by the police after some enquiry. On basis of aforesaid, the report has been lodged by the complainant.