SURENDRA BHALOTIA Vs. STATE OF ASSAM AND ANR

JUDGEMENT

(1.) Heard Mr. A. Goyal, the learned advocate for the petitioner, Mr. R.J. Baruah, the learned Addl. P.P. for the State and Mr. A. Nath, the learned advocate for the informant, i.e. the respondent No.2.

(2.) By this application under Section 482 Cr.P.C., the petitioner has prayed for quashing of the F.I.R. and the criminal proceeding pertaining to Azara P.S. Case No. 511/2017 under sections 406, 420, 506, 294, 34 I.P.C.

(3.) The respondent No.2 had lodged an ejahar before the Officer- In- Charge of Azara P.S. on 09.10.2017 on behalf of M/s. Gopiram Chetram, Siding Bazar, Tinsukia, interalia, alleging that they had brought sugar from Sabitgarh, U.P. to Azara Railway Station for onward carriage to Tinsukia by truck No. AS-01-S-7103 on 19.09.2017. But, the petitioner by influencing the driver of, had unloaded the said sugar in his godown at Dal Mill, Bijoynagar, Palasbari Road, by force despite objection and protest of the driver. Thereafter, the driver informed them about the matter and that the petitioner contacted them over phone and requested not to take any legal action and assured that he would pay the value of sugar within 21.09.2017. The respondent No.2 waited till 24.09.2017 and verbally informed the police on 24.09.2017, but still the petitioner had not paid any money. The respondent No.2 had also stated that the petitioner had cheated them and that he was killing time by giving excuses for which there was delay in lodging the FIR and it was further stated that instead of paying the petitioner was threatening them over phone when they tried to contact him. Accordingly, Azara P.S. Case No. 511/2017 under sections 406, 420, 506, 294, 34 I.P.C. was registered.