RABINDRA LELE Vs. GEORGE BHAKTAN

JUDGEMENT

(1.) THE present application under Section 482 Cr.P.C. has been filed by the petitioners -proprietor and other employees of a proprietorship concern known as M/s. Ecoman, a proprietorship firm having its registered office at Vadodara in the State of Gujrat with a prayer to quash the order dated 18.10.2000 passed in I.C.C. Case No.92 of 1998, whereby, the learned S.D.J.M., Panposh, Rourkela has been pleased to take cognizance of offences under Sections 425, 468 and 471 of I.P.C. against them, inter alia, on the ground that taking of cognizance itself in the facts and circumstances of the present case was not only without jurisdiction but also amounted to gross abuse of the process of the Court and miscarriage of justice.

(2.) SHORN of unnecessary details, it is suffice to note that the petitioners -firm i.e. M/s. Ecoman had entered into a tripartite agreement with the opposite party -company i.e. M/s. Ores Enterprises (P) Ltd. and the Orissa State Financial Corporation (O.S.F.C.) for supply of certain machineries to M/s. Ores Enterprises (P) Ltd. which were being financed by the Orissa State Financial Corporation. Since certain disputes arose between the parties, the petitioner -firm i.e. M/s. Ecoman has filed a Special Civil Suit bearing No.327 of 1998 before the learned Civil Judge (Sr. Division), Vadodara against the opposite party -M/s. Ores Enterprises (P) Ltd. as well as the Orissa State Financial Corporation and the same is pending adjudication as on date. In the said suit, the petitioners -firm had made a prayer seeking injunction from encashment of bank guarantee along with other prayers. Although initially an interim order was passed injuncting encashment of bank guarantee but the same was vacated at the instance of the O.S.F.C. and the said suit remains pending for final adjudication. During the pendency of the said suit the petitioners -firm alleging dishonour of certain cheques issued by the opposite party -company initiated a Criminal Complaint Case No.2349 of 1998 before the learned C.J.M., Vadodara, implicating the Director -Harbinder Singh Deengra of the opposite party -company for an alleged offence under Section 138 of the N.I. Act as well as Section 420 I.P.C. The aforesaid Criminal Complaint was lodged on 10.8.1998 and the same remains pending adjudication. As a counter blast to the aforesaid complaint proceeding initiated by the petitioners -firm against opposite party -company, the opposite party -company filed a complaint case bearing I.C.C. Case No.92 of 1998 against the present petitioners -firm for alleged commission of offences under Sections 425, 467, 471 I.P.C. before the Court of S.D.J.M., Panposh, Udit Nagar, Rourkela in the State of Orissa. This Complaint case came to be filed on 15.9.1998 i.e. after Criminal Case was registered at Vadodara and subsequent thereto after recording statement of the complainant -opposite party under Section 200 Cr.P.C. and also recording the statement of two witnesses namely H.S. Deengra and Afroz Azam under Section 202 Cr.P.C., by the order dated 10.11.1998, the learned S.D.J.M., Panposh, Rourkela had taken cognizance of offences as noted hereinabove which was the subject matter of challenge in CRLMC No.970 of 1998 before the Orissa High Court, which came to be disposed of by order dated 12.5.2000.

(3.) AT this juncture, it would be most important to take note of the fact that the opposite party -complainant in I.C.C. Case No.92 of 1998 has also filed its a written statement in Special Civil Suit No.327 of 1998 before the learned Civil Judge (Sr. Division) at Vadodara. This document i.e. the letter dated 24.1.1998 which is allegedly forged by the petitioner is very much a part of the pleadings and the said document has been exhibited in the said suit. On a perusal of the written statement filed by the opposite party -complainant, it is clear therefrom that the complainant has raised no allegation or complaint of forgery or otherwise in the said written statement and on the contrary affirmed the fact of the petitioners -firm and extended its bank guarantee up to 31.5.1998.