VINNET GUPTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The prayer for quashing the First Information Report dated 6.8.2015 is primarily on the doctrine of autrefois acquit.

(2.) The basic facts to be noticed is that on 6.8.2015 the Respondent No. 2 lodged first information before the In-charge, Jalukbari Police Out Post, Guwahati, making imputations against the petitioner and others. On receipt thereof, Jalukbari Police Station Case No. 616/2015 dated 6.8.2015 was registered under Sections 406/420/468/471 of the Indian Penal Code.

(3.) The ingredients of the accusations to bring in the applicability of the offences for criminal breach of trust, cheating, forgery for the purpose of cheating and using a forged document as genuine are laid on the premises that the petitioner had approached the respondent/informant with a proposal that the latter should purchase a "Large Format Inject Printer Machine" and start the business of printing on glass, tiles etc., which would ensure heavy profit. On a particular day, the petitioner had visited the residence of the respondent/informant with another person i.e. Dhananjay Tewari and had discussed on the details and sale consideration of the machine, stated to be Rs.30,00,000/- (Rupees Thirty Lakhs). The respondent was informed that on payment of Rs.5,00,000/- (Rupees Five Lakhs), the machine will be installed in his business premises, with the balance amount to be paid within 9 (nine) months. The petitioner, the respondent and Dhananjay Tewari left for Delhi on 8.5.2013 to meet the Company official for purchase of the machine. At Delhi, the petitioner took the respondent to the office of the Company, namely, "M/s Ess Dee Nutek Infinities Pvt. Ltd." on 9.5.2013 and introduced him to the Proprietor of the Company i.e. Tarun Dev Sharma. Upon their inducement, the respondent gave a Cheque bearing No.088843 dated 9.5.2013 for an amount of Rs.5,00,000/- (Rupees Five Lakh), receipt of which was duly acknowledged by the said Proprietor by issuing by issuing a Money Receipt, towards advance booking amount. Further, the petitioner used to visit the respondent's residence frequently for having discussion regarding the machine and obtained signatures on blank papers for preparing/obtaining Road Permit, Challans etc. from the department concerned to facilitate import of the machine from Delhi, and, in fact, on 19.6.2013 the petitioner had obtained signatures on blank papers for the purpose of getting Road Permit from the Sales Tax Office. Signatures on blank papers were given on good faith.