ROYAL AUTOMOBILES PRIVATE LTD. Vs. ARUN YADAV

JUDGEMENT

(1.) This petition under Section 482 of CrPC has been filed against the order dated 31/01/2019 passed by Second Additional Sessions Judge, Karera, District Shivpuri in Criminal Revision No. 163 of 2018, by which the order dated 29/10/2015 passed by JMFC, Karera, District Shivpuri in Criminal Case No. 1825 of 2014 has been set aside and a direction has been given to try the case for offence under Section 406 of IPC.

(2.) The necessary facts for disposal of the present petition in short are that the petitioner/complainant lodged a FIR with police station Karera, District Shivpuri on the allegation that he is the authorized dealer of Mahindra Motors of Gwalior Division, to sell the vehicles manufactured by Mahindra. Accordingly, one Ashok Rawat and Arun Yadav were appointed as agents for sale of Mahindra Vehicles in Tahsil Karera, District Shivpuri, who were required to sell Mahindra Vehicles through sales outlet of the petitioner. The respondents No. 1 and 2 sold Alfa Passenger vehicle for a consideration of Rs. 1,86,619/- and projected that the said vehicle was sold through the Finance Company, whereas the said vehicle was sold by cash and the amount was not deposited with the petitioner. Similarly, another Maxximo Van- VX vehicle was sold for a consideration of Rs. 3,95,820/- by projecting that it has been financed by Mahindra Finance Company and misappropriated the cash amount. Similarly, the third vehicle Maxximo Van Vehicle was also sold in cash. It was shown that the said vehicle was sold through the Finance Company and accordingly, the cash amount was misappropriated. Respondents No. 1 and 2 were required to credit the amount in the account of the petitioner within a period of seven to ten days and when the said amount was not credited, then the petitioner contacted the Office of Mahindra Finance Company, Shivpuri, Branch Pichhore. The petitioner came to know that the above-mentioned three vehicles were not financed by the said Company. Thereafter, the respondents No. 1 and 2 accepted their guilty and deposited Rs. 13,510/- and Rs. 50,000/- in the account of the petitioner on 11/07/2013 and 29/10/2013 and gave an affidavit that the remaining amount of Rs. 8,95, 202/- shall be credited to the account of the Company within a period of three months, however, the said amount has not been deposited and accordingly, it was prayed that the accused persons have committed criminal breach of trust. On this report, the police registered a Crime No. 432 of 2014 for offence under Section 406 read with Section 34 of IPC.

(3.) It appears that an application was filed by the Assistant Public Prosecutor before the Court of JMFC, to the effect that offence under Section 409 of IPC is also made out, therefore, the case may be committed to the Sessions Court. The said application was allowed by order dated 29/10/2018. The order dated 29/10/2018 passed by the Court of JMFC was challenged by the respondent No. 1 by filing a Criminal Revision No. 163 of 2018 and by the impugned order dated 31/01/2019, the Revisional Court has considered the evidence in detail and thereafter, has come to a conclusion that no offence under Section 409 of IPC is made out.