S K LAJPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing First Information Report No. 876 dated 27/12/1990 registered at Police Station City Gurgaon under Section 406 of the Indian Penal Code.

(2.) The case was registered against the petitioner and others on a complaint made by one Col. R.C. Rawat, Director, Rbear Engineering Company Private Limited, Ansari Road, Darya Ganj, Delhi. According to him his company had entered into an agreement with M/s. Viman Engineering Company Private Limited of which the petitioner was a manager for manufacture of Mobile Generators. The generators were to be manufactured by Rbear Engineering Company at 7, I.D.C. Mahrauli Road, Gurgaon i.e. the premises of the petitioner and the same were to be purchased by the petitioner alone. The petitioner could not pay huge sum due, on account of the purchase of the goods, so the manufacturing operation was stopped on the condition that Viman Engg. Company will pay Rs. 6,02,000.00 to the complainant and will purchase the stock worth Rs. 6,96,000.00 which was lying in the premises of the petitioner, Viman Engineering Company was to make payment of the whole of the amount by 31/10/1986 and the stock was to be released by the complainant on receipt of cash payment. The stock was under lock of the complainant. By the end of October, 1986 Viman Engineering Company took over finished goods of the value of Rs. 3,90,000.00 and fabricated goods of the value of Rs. 1,28,000.00. Thereafter it refused to take over the goods which valued at Rs. 2,16,000.00 Rather S. Lajpal Manager of Viman Engineering Company illegally broke open the lock of the store and go down in the presence of various persons under the instructions of other partners of the firm and sold the goods to junk sellers. S. Lajpal, Shri Mahajan, Shri Vivek Chander and Smt. Manorama dishonestly misappropriated the goods worth Rs. 1,20,000.00.

(3.) After the registration of the case investigation was made and it was found that in fact no offence under Section 406 of the Indian Penal Code was made out as there was no entrustment of goods to Viman Engineering Company. The lock of the store was also not broken. The lock and the latch were found intact when the premises were inspected and the complaint by Shri R.C. Rawat was filed even without verifying the facts at the spot.