KAILASH GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) Both these criminal revisions are being decided by this common order as the same issue has been involved in both the revisions, however, for the sake of convenience the facts are being taken from Cr.R. No.886/2019.

(2.) Both the applicants have filed this revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 07/01/2019 passed in S.T. No.827/2013 by 13th Additional Sessions Judge, Jabalpur whereby the application filed by the applicants under Section 227 of the Code of Criminal Procedure, 1973 for discharging him of the offences has been rejected and the trial Court proceeded to frame charges of the offences punishable under Sections 120-B, 420, 465, 467, 294 and 506 Part-II of IPC.

(3.) The facts of this petition, in short, are that the applicant Kailash Gupta is running the incorporate company namely Commercial Automobiles Private Limited, Jabalpur as a Director. The applicant filed a company registration certificate as Annexure-P/3 and P/4. After perusal of that documents, it is clearly reflected that the applicant is a Director of Commercial Automobiles Private Limited, Jabalpur and other applicant was working as General Manager. Commercial Automobiles Private Limited, Jabalpur is having tie-up with the Tata Engineering & Locomotive Company Limited (hereinafter referred to as 'TELCO') and sold the vehicle manufactured by TELCO. TELCO also have a business of financer. Ravindra Choukse purchased the vehicle Crew C 207/28 Crew Cab bearing chasis No.374 006 HTQ 9 29296 and engine No.483 DL41 HTQ 7 91563 on 06/11/1997. Hire purchase agreement executed between TELCO and Ravindra Choukse, Ravindra Choukse paid the amount of Rs.85,423/- by cheque and remaining amount paid by the TELCO to the Commercial Automobiles Private Limited. After having delivery of the vehicle, Ravindra Choukse found that a second hand vehicle had been sold and officers and employees of the Commercial Automobiles Private Limited, Jabalpur intentionally manipulated the entries and data in the relevant documents and by rubbing the name of previous owner, interpolated the name of the applicant as first owner and year of manufacturing of the vehicle as also some other relevant entries and after suppressing the facts, sold the vehicle to Ravindra Choukse posing the vehicle as a first hand vehicle and he is first purchaser.