MANISH KR SINGHANIA Vs. AMRIT HATCHERIES PVT LTD

JUDGEMENT

(1.) HEARD Mr. I. Lahiri, the learned Counsel appearing for the accused in both the cases. . The respondent complainant is represented by advocate Mr. S. Bharali. The learned Government Advocate Ms. B. Dutta appears for the State.

(2.) THROUGH these petitions under Article 226 of the Constitution of India, the accused seek quashing of the Complaint Case NO.1806/2005 pending in the Court of the learned Judicial Magistrate First Class, Hazipur, Vaishali District. The complainant alleged that the accused No.1 Manish Kr. Singhania who was the branch manager of Amrit hatcheries Pvt. Ltd. at Guwahati booked 14,000 chicks for sale in Assam and accordingly the chicks were dispatched on 5.12.2004 firstly through truck No.BR -1G -4885 to Siliguri and then to Guwahati on truck on AS -01 -K -8917. The ordered chicks were offloaded enroute at different placesin Assam as per instruction of the accused. But although the chicks were sold, the consideration amount was not accounted for and accordingly the complaint was made alleging misappropriation to the tune of Rs.2,17,000/ - and breach of trust.

(3.) THE complainant was personally examined on 12.7.2005 by the learned Chief Judicial Magistrate and in his statement before the Court, the complaintant reiterated the allegation made in the written complaint. The driver Hari Mondal who drove the second truck from Siliguri to Guwahati was also examined on 26.7.2005 and when he stated that the chicks were offloaded from dthe truck at various places enroute from Siliguri to Guwahati and the balance chicks numbering about 3,000 was handed over to the accused No.1 i.e. the branch manager. But the price of these chicks have not been accounted for by the accused. After taking cognizance, the case was transferred to the docket of the Judicial Magistrate First Class, Hazipur and summons were issued on 1.9.2005 to all the accused in the case.