MOHINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of two petitions bearing Criminal Misc. No. 7533-M of 1996 and Criminal Misc. No. 7535-M of 1996 as both these petitions are between same parties and a common question of law is involved therein.

(2.) CRIMINAL Misc. No. 7533-M of 1996 has been filed under section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing First Information Report No. 8 dated 23.1.1995, registered at Police Station Division No. 6, Ludhiana for offences under sections 406/409 IPC and all the consequent proceedings arising therefrom.

(3.) THE necessary facts for the disposal of these petitions are that respondent No. 2 company is carrying on the business of manufacturing of cotton yarn at village Sanghera, Tehsil Barnala district Sangrur with its Head Office at Ludhiana. The petitioner is carrying on his business as sole proprietor under the name and style of M/s Jewan Ram Ganpat Rai at Delhi. The respondent company had appointed the petitioner as its agent at Delhi to obtain orders from the customers on behalf of the respondent company, and also to collect payment on account of sale/supply of goods by the respondent company to its various customers, at Delhi. According to the allegations in FIR No. 8 dated 23.8.1995, the respondent company supplied goods worth Rs. 353720-50 to M/s Jersey India Limited, Delhi and the petitioner collected the two amounts of Rs. 756600/- and Rs. 656250/- by means of two cheques dated 26.4.1994 and 12.9.1994 from M/s Jersey India Limited for an on behalf of the respondent company but did not account for the same to the respondent company at its Head Office and dishonestly misappropriated the same. On a written complaint made by respondent No. 2 company, the impugned FIR No. 8 was registered on 23.1.1995 at Police Station Division No. 6 Ludhiana.