VINOD JAIN AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The above detailed three criminal revisions under Sec. 401 of the Code of Criminal Procedure by convicts-revisionists Vinod Jain, Surjeet Singh and Sushil Kumar Gupta are an outcome of common judgment dtd. 6/3/2020 of the court of learned Additional Sessions Judge, Kurukshetra and thus are being taken up together for disposal through this common order.

(2.) Upon hearing arguments at length by Mr. Keshav Pratap Singh, Advocate, for petitioner-Vinod Jain in CRR No. 800 of 2020, Mr. Arav Gupta, Advocate, for petitioner Surjeet Singh in CRR No. 857 of 2020,Mr. Shvetanshu Goel, Advocate, for petitioner Sushil Kumar Gupta in CRR No. 864 of 2020 and Mr. Baljinder Virk, Deputy Advocate General, Haryana and having the opportunity to peruse the records of the case with invaluable assistance of the counsel as well as the written submissions so made.

(3.) Before venturing into the relative merits of case of the two sides, it is essential to explore and go into the background which led to this conviction. The Haryana State Co-operative Supply and Marketing Federation Limited (HAFED), Kurukshetra entered into an agreement dated 26.9.20029 (Ex. P/3) with firm M/s Shri Guru Roshan Traders (in short, the miller) through its proprietor Paras Jain son of revisionist Vinod Jain. By virtue of this agreement, HAFED gave 79010.75 quintals of paddy for the Kharif season 2009 to this firm for custom milling. Along with the paddy, 105595 gunny bags, 3889 wooden crates and 239 tarpaulins were also given to his firm by the HAFED. As per terms of this agreement, the firm was to return 67% of this paddy by way of rice to HAFED to be delivered to FCI on their behalf. The firm issued a cheque of Rs one crore to HAFED besides giving FDR of Rs.5.00lacs pledged with HAFED and on this agreement one Satish Kumar (proprietor of M/s Jai Jagdama Rice Mills) Sunil Kumar (proprietor M/s Hans Trading Company), Vilayati Ram (proprietor of M/s Arora Enterprises) signed as sureties on the surety bond. On this bond revisionist Vinod Jain father of Paras Jain and proprietor of M/s Jain Agro Industries signed as witness (Ex. P4 to Ex. P6). It is worth while to refer here that revisionist Vinod Jain has now rechristened this firm as M/s Haryana Food Rice Mills which is located at Mathana and is now transacting business with Haryana Agro Industries Corporation. It is pertinent to refer here that Paras Jain son of Vinod Jain is reported to have disappeared in the year 2010 (though has been subsequently arrested after years and is now facing trial as well) and further that M/s Jain Agro Industries has been declared a defaulter after the year 2010. During the course of time, the miller returned only 29117.25 quintals of milled rice and thereby have misappropriated 35552.18 quintals of paddy and thereby causing financial loss amounting to Rs.6,82,35,552.00 to HAFED. It is as a consequence of this embezzlement Shri Anil Ahlawat, District Manager, HAFED, (PW5) made a written complaint (Ex. PW5/A) dtd. 29/11/2010 leading to registration of case by way of FIR No. 440 dtd. 1/12/2010 under Ss. 406, 409, 420, 120-B IPC, Police Station Thanesar, Kurukshetra against Vinod Jain father of Paras Jain, his Munim (Clerk) Surjit Singh and Sushil Kumar Gupta, Clerk HAFED, all the present revisionists.