KAPIL VALECHA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners have filed this petition under Section 482 of the CrPC seeking quashment of the First Information Report registered at Crime No.155 of 2016 in Police Station Maharajpura Gwalior against them and two other accused persons for the offences punishable under Sections 420 , 406 , 506 , 294 and 34 of the I.P.C.

(2.) The brief facts leading to the filing of this petition as disclosed in the F.I.R are thus :- on 5.5.2016, complainant Yatendra Singh Chauhan, who is respondent no.5 herein, lodged the written complaint with police station Maharajpura Gwalior stating that he is the owner of the M/s Yatendra Chauhan Contractors and Suppliers. Jagdish Valecha and Dinesh Valecha are the Directors of the Valecha Engineering Pvt. Ltd Co. (for short "the company"). Kapil Valecha and Karan Valecha, who are petitioners no.1 and 2 respectively, are the sons of Jagdish Valecha. M.H.Mehta is the General Manager of the company. On 10.10.2014, on behalf of the company M.H.Mehta had entered into a written agreement with him in his residence at DH 89 DD Nagar Gwalior. According to the agreement, he had to supply 2,50,000/- metric tons "crushed stones aggregate" at the work site of the company as it got the contract of construction of four lane road of Etawah-Mainpuri- Purawali. As per the agreement, he supplied crushed stones worth Rs.68,00,000/- (sixty eight lac) during the period from November-December 2014 to January 2015. The company paid him only 10,00,000/- (ten lac) rupees against the aforesaid amount. The company gave him two cheques bearing Nos.69999 and 993058. Both the cheques were dishonored by the drawee bank of the company. The directors and the employees of the company fled away from the work site. One Navin Bajaj also lodged an FIR at Police Station Jhansi Road Gwalior for the similar types of the offences having been committed by them. In that case, the police arrested Dinesh Valecha from Mumbai. When he was being brought to Gwalior, he escaped from the custody of the police at Railway-Station Bina. Now, the aforestated persons would give him various kinds of filthy abuses and death threats through phones. Upon the complaint, Police Mahajarajpura Gwalior registered the FIR at Crime No.155 of 2016 and have made the petitioners, Dinesh Valecha and Jagdish Valecha the accused persons of the case for committing the offences punishable under Sections 420 , 406 , 506 , 294 and 34 of the I.P.C.

(3.) Let it be noted that accused Jagdish Valecha has also filed the petition under Section 482 Cr.P.C for quashing the F.I.R. His petition is registered as M.Cr.C.No.9082 of 2016, which is also being decided by a separate order at this same time.