G.S. BALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT is a case which in the opinion of this Court would show that how respondent No. 2 Shri Babu Lal Jain, had tried to misuse the provisions of the Code of Criminal Procedure when he lodged F.I.R. No. 457 dated 28th May, 1996 registered under Section 406, Indian Penal Code, in Police Station Central, Faridabad, by giving a colour as if he was lodging a different F.I.R. than the one which he had earlier lodged i.e., F.I.R. No. 122 of 1994 in Police Station Sadar Tonk (Rajasthan), under Sections 406/420/379/120-B, Indian Penal Code.

(2.) DR . (Lt.Col) G.S. Bali, Shri Harveen Singh Bali and Shri Sukhpreet Singh Sethi petitioners Nos. 1, 2 and 3, respectively, have filed the present petition under Section 482, Cr.P.C., seeking quashment of F.I.R. No. 457 dated 28th May, 1996 registered under Section 406, Indian Penal Code, at Police Station Central, Faridabad, and the entire proceedings arising therefrom being an abuse of the process of law, and directions have also been sought against the respondents for release of leather skins belonging to M/s Exquisite Enterprises Private Limited, of which petitioner Nos. 1 to 3 are the directors, and which skins have been illegally taken into possession by the police. It is alleged against the State of Haryana and Shri Babu Lal Jain, respondents Nos. 1 and 2, respectively, that earlier criminal case was got registered at Police Station Raju Tonk, District Tonk (Rajasthan), and the subject-matter of the said F.I.R. is contained in Annexure P1, which was registered on the statement of Shri Babu Lal Jain, respondent No. 2. It may be stated here that as per Annexure P1, the date of incident was 31st October, 1994. While lodging the F.I.R., it was stated by Shri Babu Lal Jain, respondent No. 2, that M/s Tonk Tanneries is a registered Private Limited Company, of which he is the Chairman and Managing Director. In the Tonk Tanneries the work of raw leather (Raw Skins) and finishing work is done. On the base of raw leather (Wet Blue) is made and then finished leather is prepared in Exquisite Enterprises Limited, Sector 15, Faridabad (Haryana), Phone No. of which is 8285408, in which Dr. G.S. Bali and his son Shri Harvinder Singh Bali are the partners. Said Dr. G.S. Bali is working in Tonk Tenneries as Trade Specialist. Dr. Bali is working in Tonk Tanneries from time to time since 12.11.1992. Dr. Bali had purchased total 48,000 raw skins for Tonk Tanneries from 24.12.1992 to 17.12.1993, which were made wet blue in Tonk Tanneries. As there was not auto spray, finishing process machine in Tonk Tanneries for colouring and since the processing finishing machine in Tonk Tanneries was not working, Dr. Bali got finished the Wet Blue material of about 10,000 pieces with the company of his son Harvinder Singh Bali, known as Exquisite Enterprises, Faridabad and assured to return the pieces to Harsha Exporters, Jaipur, for preparing jackets, and shoes, leather to Tonk Tanneries. They have taken the abovesaid 48000 skins of their factory at Faridabad and Shri H.S. Bali himself had given in writing to Canara Bank on 21.1.1994 that they had with them about 1000 skins of M/s Tonk Tanneries. Thereafter Dr. Bali again gave in writing that he had with him 16,000 skins of Tonk Tanneries. M/s Tonk Tanneries had taken 96 lacs packing credit (PC) from Canara Bank, Jaipur and thereafter Dr. Bali and his son Sh. H.S. Bali, petitioners Nos. 1 and 2, respectively, had assured to return 10,000 prepared pieces of leather immediately to the said Bank on inspection made by the two officers of the Bank in Exquisite Enterprises, Faridabad. However, Dr. Bali and his son had returned only 820 prepared pieces of M/s Harsha Exporters, Jaipur, and the rest of the leather pieces had not been returned to the account of M/s Tonk Tanneries, but the said pieces have been taken by Dr. Bali and his son for their personal use without the permission of M/s Tonk Tanneries. In this manner Dr. G.S. Bali had hatched a conspiracy with Col. J.V. Abraham (retired), who at that time was posted in M/s Tonk Tanneries and both of them without the permission of the Company, took away the chemicals and other records in order to make debit and credit entries with a dishonest intention. Dr. Bali had taken near about 21,000 wet blue skins from the factory at Faridabad. In fact, Dr. Bali had also taken away skins for job work which were not returned to M/s Tonk Tanneries; rather have been utilised by Dr. Bali. He had also purchased chemicals worth about Rs. 9,45,000/- from chemical companies, several times from 1.3.1993 to 1.2.1994 in the name of M/s Tonk Tanneries, but these chemicals were not brought to M/s Tonk Tanneries and with dishonest intention he had taken the same to Faridabad. In addition to this Dr. Bali has also taken spare parts of the machinery with the intention to grab from M/s Tonk Tanneries in conspiracy with Col. J.V. Abrahim, in order to cause loss to M/s Tonk Tanneries and both of them have misappropriated them for their personal use. The intention of Dr. Bali from the very inception was dishonest and in this manner he along with Col. J.V. Abrahim and his son Shri H.S. Bali has misappropriated the skins, machines and chemicals of about 65 lacs and committed breach of trust. Dr. G.S. Bali, Smt. Indira Bali, Shri Harvinder Singh Bali, Col. J.V. Abrahim and Shri S.P. Sethi are responsible and these people have brought the goods in conspiracy with each other at Faridabad, fraudulently. Shri Bablu Lal Jain also supplemented his complaint with some documents and on the above allegations F.I.R. No. 122 was registered in Police Station Sadar Tonk (Rajasthan) in the year 1994. Later on another F.I.R. was got registered at the instance of respondent No. 2 on 28th May, 1996, i.e., F.I.R. No. 457, and the allegations of this F.I.R. are necessary to be reproduced before I proceed further.

(3.) THE petitioners have sought the quashment of the second F.I.R. registered at Faridabad, on the plea that petitioner No. 1 is the Director of M/s Tonk Tannery Private Ltd. having 35% share, which is situated at Tonk in Rajasthan, having its registered office at Jaipur, and Shri Babu Lal Jain is its Chairman/Managing Director, having 65% share in the said firm. The Government of Rajasthan had permitted access of the Rajasthan State Tanneries Ltd. to M/s Tonk Tannery Pvt. Ltd. in September 1990. When Rajasthan State Tanneries was taken over by M/s Tonk Tannery Pvt. Ltd., the said tannery was running in heavy losses. It was because of continuous hard work and dedication of petitioner No. 1 that the production in the said tannery was able to commence some time in the year 1993. Once the production in the said unit started, there was a sea change in the attitude and behaviour of the complainant. When the petitioner came to know about such evil designs of the complainant, he filed a civil suit in the Court of Civil Munsif at Jaipur, praying that the complainant along with M/s Tonk Tannery Private Limited be restrained from issuing any share of the company and also be restrained from transferring the shares of the company. The Court of Civil Munsif directed the petitioner to file application before the Company Law Board. As a counterblast, the complainant Shri Babu Lal Jain lodged F.I.R. No. 122 of 1994 in Police Station Sadar, Tonk (Rajasthan) against petitioners Nos. 1 and 2 and Smt. Indira Bali who is the wife of petitioner No. 1. As per this F.I.R. the alleged offence is said to have been committed on 24th December, 1992, whereas the F.I.R. was registered on 31st October, 1994, i.e., after a lapse of about two years. Upon the registration of the F.I.R., petitioner No. 1 approached the Court of Session at New Delhi for grant of anticipatory bail, which was granted on 10th November, 1994. Petitioner No. 1 even went to Police Station Sadar, Tonk on 26th January, 1995 to complete the formalities. After getting the anticipatory bail from the Court of Session at New Delhi, petitioners Nos. 1 and 2 approached the High Court of Rajasthan, Jaipur Bench, for grant of anticipatory bail in F.I.R. No. 122 of 1994, as per the directions of Court of Session at New Delhi. Both the petitioners were released on bail. In spite of the order of the Civil Court, not to issue any share till further orders, petitioner No. 1 came to know that the complainant is doing his best to reduce the share percentage of petitioner No. 1. Resultantly, petitioner No. 1 was constrained to move the Company Law Board at New Delhi, and the Company/Managing Director and one Mrs. Asha Bhatanagar were restrained from transferring or issuing fresh shares as well as dealing with the immovable properties of M/s Tonk Tannery Private Limited.