RAJENDRA AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 1-9-1986 passed by the Chief Judicial Magistrate, Dewas in Criminal Case No. 157 of 1986 whereby he has held that the case for charge Under Section 420, Indian Penal Code has, prima facie, been made out.

(2.) CIRCUMSTANCES giving rise to this petition are these : M/s. Hind Syntex, Dewas (for short 'the Hind Syntex') through its Company Secretary-cum-General Manager, D. Sharma lodged a written report dated 17-12-1986, with the Industrial Area Police Station, Dewas that the applicant who carries on business in the name and style of M/s. Agrawal Syntex Private Limited, Dewas (for short 'the Agrawal Syntex') has, by cheating the firm, obtained yarn worth Rs. 2,71,709. 40.

(3.) ACCORDING to the report, it was sometime in the month of November 1984 that the applicant negotiated for purchase of yarn from the Hind Syntex. He proposed that the price would be paid through Hundis which would be honoured in due course. He also assured that for the seller's satisfaction he would stand as personal guarantor.