PUNJAB STATE COOPERATIVE SUPPLY Vs. GAMDOOR SINGH

JUDGEMENT

(1.) FACTS necessary for the disposal of this petition under Section 482 of the Code Criminal Procedure are as follows :-

(2.) THE Punjab State Co-operative and Marketing Federation Limited, (Markfed for short), entered into an agreement dated 31.1.1986 with Sarwara Rice Mills, Bhunerheri, of which respondents Nos. 1 to 6 are the partners, for custom milling of paddy for the year 1985-86 and its conversion into rice on the terms and conditions appearing in the agreement. Broadly speaking, the paddy was to be stored with the miller. It was to remain in joint possession of Markfed as well as the miller and after the same had been converted into rice, it was to be supplied according to certain ratio to the Food Corporation of India and the Markfed. From out of the stock, the respondents removed and appropriated 1150 bags weighing 747.50 quintals of PR-186 quantity. They failed to make up for the said quantity of paddy. The petitioner, Markfed sent notice upon which the respondents issued a cheque for Rs. 1.34 lakh on 2.7.1986 drawn on the State Bank of Patiala, Patiala. The cheque was returned as dishonoured. The Markfed lodged a first information report against the respondents for offences under Sections 406, 420 IPC and Sections 3 and 7 of the Essential Commodities Act, 1955. After investigation, the police presented a challan. Judicial Magistrate 1st Class, Patiala by order dated 19.7.1988 took the view that the facts did not constitute any offence and, therefore discharged the accused. The Markfed filed a revision against the order of the Judicial Magistrate 1st Class which was dismissed by Additional Sessions Judge, Patiala, by order dated 19.12.1988. Through this petition, Markfed seeks quashing of the orders passed by the Judicial Magistrate 1st Class and the Additional Sessions Judge on the ground that the same has resulted in failure of justice and it was necessary to invoke the extra-ordinary inherent power of this Court to prevent failure of justice.

(3.) SECTION 402 IPC relating to misappropriation reads as under :-