SANJAY CHAUDHARY Vs. SANGHI BROTHERS (INDORE) LTD

JUDGEMENT

(1.) Applicants have preferred this revision petition under Section 397/401 of the Criminal Procedure Code feeling aggrieved by the impugned order dated 14-8-2006 passed by the Judicial Magistrate, Indore in Criminal Case No. 214/2003 whereby ordered for framing of the charge under Section 420 and 406 read with Section 34 of the Indian Penal Code against the applicants.

(2.) Brief facts of the case which are necessary for the disposal of this revision petition are that non-applicant Sanghi Brothers (Indore) Limited, Indore is a registered company dealing with the sale of auto vehicles at Indore. Similarly, present applicants are Directors of the Chetak Construction Limited, a registered company having its Head Office at Chetak Chamber, R. N. T. Mark, Indore and applicant /accused No. 3 is the Secretary of that company. It is alleged that in the year 1988-89 applicants/ accused approach the complainant company for obtaining lease of Tata dumpers and light commercial vehicles for a specific period on monthly lease rent basis. Applicants /accused assured complainant company that as per the agreement they will pay monthly lease rent without any default and to support their claim, they will also furnish bank guarantee for due performance of the condition of the contract. In view of that proposal, one agreement has been executed in between the parties on 13-5-1988, on 14-11-1988 and on 25-3-1989 for delivery of the 25 dumpers, 10 dumpers, 20 dumpers and 4 light commercial vehicles and from the complainant, accused persons took the delivery of the aforesaid vehicles and also agreed for payment of the monthly lease rent for 36 months. For the due performance of agreement, necessary documents were executed by the applicants/accused persons in favour of the complainant. After some time, complainant came to know that accused No.4 was unable to pay him lease rent according to the agreement, then complainant party called accused No.1 and 2 to execute personal guarantee bonds in favour of the complainant and after some persuasion, so called personal guarantee bonds were executed by the applicant /accused No. 1 and 2 in favour of the complainant for due performance of the agreement on 6-12-1991. They also gave collateral security in favour of the complainant of the property belonging to the M/s. Choudhary Builders Private Limited and also produced board resolution dated 6-2-1990 to the complainant. Complainant unable to get any rent in time from the accused persons and also found that applicants/accused in violation of the condition of the agreement have illegally sold eight vehicles to other parties with ulterior motive, thus, committed criminal breach of trust also and also cheated the complainant. On the allegations, complainant through its Manager has filed this complaint under Sections 420 and 406 of the Indian Penal Code against the applicants/ accused. Before the trial Court, learned trial Magistrate after taking the cognizance against the applicants recorded before charge evidence and on consideration of the before charge evidence by impugned order dated 14-8-2006 ordered for framing of the charge under Sections 420 and 406 of the Indian Penal Code against the applicants /accused. Feeling aggrieved by which, the applicants have preferred this revision petition under Section 397 of the Criminal Procedure Code.

(3.) I have heard the learned senior counsel for the applicants Shri A. S. Garg and learned counsel appearing on behalf of complainant Shri Vinay Saraf and perused the documents produced by the parties.