NITYA DUTT@NATHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner before this Court is Nitya Dutt @ Nathi son of Risala, resident of Village Pega, P.S. Alewa, District Jind. He is the proprietor of the firm M/s. Bala Ji Maharaj Trading Company, which works as a Commission Agent in Cheeka Mandi.

(2.) As per the case of the prosecution, a complaint dated 20.04.2016 was received in the Police Station from the office of Co-operative Marketing Cum Processing Society Ltd., (hereinafter referred to as Co-operative Society) Cheeka, in which, it was stated that the complainant-Mukhtiar Singh was working as Assistant Accountant in the office of the Co-operative Society. On 18.04.2016 at about 04:30 P.M. , he received an order from the office of the Manager of Co-operative Society, to lodge FIR against M/s. Bala Ji Maharaj Trading Company. Vide letter dated 27.03.2016, HAFED, had appointed Ganga Parshad, Manager to purchase wheat. Vide office letter dated 28.03.2016, Gurmail Singh, Assistant Manager, was appointed to record the proceedings of auction and accounts of the Commission Agents. On 08.04.2006, Ganga Parshad purchased about 940 quintals. wheat from M/s. Bala Ji Maharaj Trading Company. This transaction was entered in the auction register by Gurmail Singh. The agency submitted Form-1 in respect of 2445 bags of wheat, valued at Rs. 8,51,774.4 Similarly on 09.04.2016, about 830 quintals of wheat valued at Rs. 6,82,813.04, was purchased. On 14.04.2006, Manager of HAFED/Co-operative Marketing Cum Processing Society Limited went to the agent i.e. M/s. Bala Ji Maharaj Trading Company to load the wheat into truck but no wheat was found. Nothing has been supplied to the Co-operative society till date. On 104.2006, the Co-operative Society deposited the market fee and cess worth Rs. 31,785/-. Moreover, the Commission Agent namely M/s. Bala Ji Maharaj Trading Company did not return 1000 bags given to it for supply of wheat. Thus, FIR under section 406, 420 IPC was registered at Police Station Cheeka. Vide judgment dated 14.03.2011, the S.D.J.M. Guhla, convicted the petitioner under Section 406, 420 IPC and vide order of sentence dated 15.03.2011, sentenced him to undergo RI for a period of six months under section 406 IPC and RI for a period of six months and to pay fine of Rs. 5000/-, in default of which to further undergo SI for one month under section 420 IPC. The appeal of the petitioner was rejected vide the judgment dated 24.07.2014 by the Additional Sessions Judge, Kaithal. Hence the revision petition.

(3.) The revision petition was admitted and sentence of the petitioner was suspended during its pendency. In the interregnum, the petitioner remained in judicial custody for one month and six days.