RAMESH KUMAR Vs. PARMOD KUMAR

JUDGEMENT

(1.) IN this petition under Section 482, Cr.P.C., prayer has been made for quashing complaint dated 31.8.1988 under Sections 420/406/467/34, IPC and order dated 12.2.1993 passed by the Sub Divisional Judicial Magistrate whereby petitioners were ordered to be charge-sheeted, as also charge dated 12.2.193 against the petitioners under Section 420, IPC.

(2.) IN brief, the facts as disclosed in the complaint filed by Parmod Kumar, partner of M/s. Bakunth Nath Goyal and Sons, Amloh Road, Mandi Gobindgarh, are that the petitioners were partner of firm, M/s. Jagat Ram Tilak Raj, Jwalaji District Kangra and they came to the shop of the complainant on 11.4.1987 and purchased steel rounds worth Rs. 62,892/- and promised to make the payment of the price within 10 days. Petitioners failed to make the said payment within the stipulated period. On 16.5.1987, two drafts of Rs. 20,000/- each were received by the complainant. The drafts could not be got encashed as they were not correctly prepared. The complainant pursued the matter with the petitioners who assured him that they would come to his shop within 2 or 3 days and would bring the bill amount. On 19.5.1987, petitioners came to the shop of the complainant with truck No. HPG 3287 and represented that Tilak Raj was following along with the bank drafts and that the outstanding payment would be cleared. They further purchased material weighing 147 quintal 98 kgs of different types worth Rs. 80,076.60 and had it loaded in the truck. The complainant took the petitioners on their word. The complainant went away from the shop for a short while and in his absence, petitioner went away with the truck and the material loaded in it without making any payment. Ultimately, notice was served on the petitioners but finding no response, complainant filed both the civil suit and the criminal complaint.

(3.) THE learned Magistrate, after recording pre-charge evidence and hearing the arguments of the complainant and the accused, found that there were sufficient around for framing charge against Ramesh Kumar, Sham Kumar (petitioners herein) under Section 420 IPC and thus petitioners were ordered to be charge-sheeted. Pursuant to this order, charge under Section 420 IPC was framed against the petitioners on 12.2.1993. Petitioners have filed the present petition for quashing of the complaint, order charge-sheet the petitioners and the charge framed against the petitioners under Section 420 IPC.