SWARANJIT JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India carrying a prayer to quash First Information Report No. 153 dated 13th May, 1981 (Annexure P.9 to the petition) registered at Police Station Division No. 3, Ludhiana and the proceedings taken thereon.

(2.) FROM the bundle of facts pleaded therein, only the bare minimum need to taken notice of to disposed of this petition lest expanding them cause prejudice to either side.

(3.) IT appears that Messrs Modern Syntex (India) Limited, Alwar, a public limited company, had business contacts with firms at Ludhiana which were in the control of Shri Swaranjit Jain the present petitioner. Some consignments of goods allegedly sent by the company to the firms controlled by Shri Swaranjit Jain through the service of the Yadav Transport Company, Alwar did not follow the course normally adopted. Allegedly, the goods receipt relating to those consignments sent pledged to the bank were returned to the company unretrieved, while the goods with the transport company went somehow into the hands of Shri Swaranjit Jain, without payment. This occasioned Messrs Modern Syntex (India) Limited, Alwar to lodge a complaint with the Station House Officer, Police Station Sadar, Alwar on 10th May, 1981 (Annexure P.7 to the petition) complaining and detailing therein that though the goods receipts had been returned to it, it stood deprived of the goods which had found way to Shri Swaranjit Jain. It was also alleged therein that Shri Swaranjit Jain and Shri Dalip Singh of the transport company had forged certain documents enabling the deprival of goods of the company. The complaint was cauched in the language "that the above -mentioned firms in collusion with the transporters and its employees have committed fraud, cheated and misappropriated the amounts of the goods of the complainant company". The petitioner obtained a direction for anticipatory bail from the Rajasthan High Court in the said first information report vide order dated 15th June, 1981 (Annexure P.8).