SURESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Suresh Kumar s/o Shagan Lal r/o Katcha Thandewala Road, St. No. 8, Dashmesh Nagar, Muktsar, has applied for grant of regular bail in FIR No. 34 dated 4.6.2010 under Sections 406, 420, 411, 120-B IPC, registered at Police Station Sadiq, District Faridkot.

(2.) As per allegation of the prosecution, M/s Malwa Rice Mill Kingre (Near Sadiq), Tehsil and District Faridkot entered into an agreement with PUNSUP for custom milling of paddy for the season 2008-09. PUNSUP supplied the paddy for shelling of which resultant rice was to be given. It is alleged that the said firm has embezzled the paddy. It has further come on record that later on there was a dissolution deed, according to which Rajinder Kumar became the sole proprietor of the firm. The cheques for the paddy in question were issued by said Rajinder Kumar, which bounced and proceedings under Section 138 of the Negotiable Instruments Act are pending against the said Rajinder Kumar. During the course of enquiry statement of Prem Chand was recorded who has stated that paddy was taken away by Rajinder Kumar and the applicant.

(3.) Learned Counsel for the Petitioner has submitted that Petitioner is neither the partner of the firm nor is the beneficiary as no amount out of the sale proceeds of paddy has been received by him.