GIRRAJ BANSAL Vs. LALA RAM SURYAVANSHI

JUDGEMENT

(1.) Shri Pawan Kumar Vijaywargiya, counsel for the applicant.

(2.) Shri Shiv Pratap Singh, counsel for the respondent No.1. This Petition under Section 482 of CrPC has been filed for quashment of unregistered complaint filed by the respondent no. 1 before the Court of Special Judge [SC and ST (Prevention of Atrocities) Act)], Vidisha as well as the charge sheet filed against the applicant on the ground that on the similar allegations, the respondent no.1 had earlier filed a complaint on 22-4-2017, which was subsequently withdrawn by him, without seeking any liberty to file a fresh complaint.

(3.) The necessary facts for the disposal of the present petition in short are that the respondent no.1 had earlier filed a criminal complaint on the allegations, that he was appointed by the applicant on the post of Branch Manager w.e.f. 18 th May, 2016 and an amount of Rs.13,328/- was deposited by the applicant in the account of complainant for opening an office and accordingly, an office was opened in the month of June, 2016. The applicant came to his office and handed over the appointment order. For the first three to four months, there was no dispute and the applicant got certain drivers appointed through respondent No.1 and on a credit note of 15 days, the applicant started getting the diesel filled from Sanchi Automobiles. At that time, the applicant had given a cheque of Rs.13,15,000/- towards the payment of diesel but later on, the said cheque stood bounced. The respondent No.1 was looking after the vehicles. In the month of August, 2016, the applicant instructed the respondent No.1 that he should use the out- stationed vehicles and when it was objected by the respondent No.1 that he would not be in a position to fulfill his requirement, then the respondent No.1 was scolded by the applicant that as he belongs to lower caste, therefore, he would not be able to perform his work. At that time, the respondent No.1 ignored the wordings of the applicant and however, the out-stationed vehicles were used for transportation of goods and the entire amount was being deposited in the account of the respondent No.1. After the receipt of the said amount, the respondent No.1 used to transfer the amount in the account of respondent No.1 However, the salary of the respondent No.1, drivers and transporters for the period of eight months was not paid and even, the price of diesel was not paid and whenever it was demanded by the respondent No.1, the applicant always tried to avoid the same. Later on, he flatly refused that any amount is outstanding. On the contrary, he made an allegation that a lump-sum amount of Rs.58 lakhs was sent and the respondent No.1 has not given the account of the same, therefore, the applicant would get an offence registered against the respondent No.1 for misappropriation of Rs.58 lakhs. It was further submitted that the respondent No.1 has made police complaints also, but no action has been taken.