DIPCHAND AGARWALA Vs. KUMUD BHUYAN

JUDGEMENT

(1.) This is a revision for quashing the proceeding under Complaint Case No. 934 /90 pending in the Court of 1 st Class Judicial Magistrate at Guwahati U/s 420/506/323 IPC.

(2.) When the case is called on for hearing none appears for the opposite party. I have heard Mr. R.K. Jain, learned counsel appearing for the accused petitioners.

(3.) On 28.5.90, the complainant/opposite party has filed a complaint petition against the accused-petitioner alleging commission of an offence under Section 420/506/500/352 IPC in the court of Chief Judicial Magistrate, Guwahati. According to complaint, the complainant worked in M/s India Auto Enterprise, Shreemanta Market, A.T. Road, Guwahati as working partner from September, 1984 on commission basis @ 5% on total usiness of procurement with Hindustan Paper Corporation Limited, Jagiroad, Gauhati Municipal Corporation, Central Water Commissian, Guwahati, Agro Industries Development Corporation Limited and Director of Agriculture, Guwahati and also other private firms. It has been further stated in the complaint petition that after April, 1985, the accused No. 1 took the complainant to Shillong and utilised his service in the State of Meghalaya and after rendering 10 month's services there the accused No. 1 posted the complainant at Guwahati as Sales Manager for selling Escort Tractor, Grain etc. till March, 1987. In the meantime the complainant sent a registered tetter to accused No. 2 requesting him to pay Rs.10,000/- as an advance for Sradha ceremony of his mother from the said 5% commisision. They told the complainant that they would withdraw money from the bank and distribute the shares and the 5% commission would be given to complainant. The complainant has come to know that the accused persons has withdrawn the amount from bank without his knowledge and did not pay him the commission. Thus the accused persons cheated the complainant. On 19.5.90 when the complainant approached the accused persons for his commission money, the accused No. 2 and 3 threatened him with dire consequences.