STATE OF PUNJAB Vs. SATISH KUMAR ANEJA

JUDGEMENT

(1.) THIS Criminal Revision is directed against the order passed by Additional Sessions Judge, Ropar dated 23.12.1987 whereby he set aside the order dated 29.1.1986 passed by Judicial Magistrate First Class, Kharar in case FIR No. 38 of 20.4.1983 under Sections 409/420 Indian Penal Code of PS Mohali ordering the frame of charge against the accused-respondent Satish Kumar Aneja under Sections 409/420 Indian Penal Code.

(2.) THE prosecution case in brief is that Satish Kumar Aneja accused was sub- dealer of M/s Punjab Tractors Limited (in short 'PTL'). Two tractors were despatched to him on 2.6.1982. Three tractors were despatched on 7.6.1982. Accused was the sole proprietor of M/s Aneja Traders, appointed as sub-dealer for Gurdaspur on 1.7.1981 by the PTL, Mohali. On 31.5.1982, the accused approached PTL and requested them to despatch 5 tractors i.e. 3 Swaraj 735 tractors and 3 Swaraj Sartaj Model Tractors. There was hesitation on the part of the PTL to supply him tractors as his firm had defaulted in making payments against the earlier supplies but accused represented that he had already collected margin money from the farmers against 5 tractors and if he failed to supply them tractors, he will be beaten by them and he will feel embarrassed. Taking into account his plight, he was told that tractors would be despatched to him only if the tractors stood in the name of PTL. He agreed to this suggestion assuring PTL of his sincerity and faithfulness towards them. He undertook that he would hold the tractors for and on behalf of PTL but the bills should be in his firm's name as it would facilitate the financing of the tractors from the banks. PTL agreed to despatch 5 tractors to the accused keeping in view the assurances and promises held by him. He was clearly told that he would hold the tractors in trust as an agent on behalf of PTL and that he would despatch the sale proceeds of the tractors without any delay. PTL vide invoice No. 6297/81-82 and despatch advice No. 25306 dated 2.6.1982 despatched 2 Swaraj Sartaj tractors to the accused. PTL despatched 2 Swaraj 735 tractors to the accused vide invoice No. 6337/81-82 despatch advice No. 25344 dated 7.6.1982. Accused had dishonest intentions while approaching the PTL on 31.5.1982 and requesting them for the delivery of 5 tractors inasmuch as he did not intend to make payments for the tractors. He intended only this much that PTL should part with tractors and run after him for money. He intended only to cheat the PTL.

(3.) VIDE order dated 29.1.1986, Judicial Magistrate First Class, Kharar ordered that there was a prima facie case against the accused under section 409/420 Indian Penal Code and that he be charged thereunder. In revision against order dated 29.1.1986 passed by Judicial Magistrate First Class, Kharar, Additional Sessions Judge, Ropar found that no case was made out against the accused and as such he discharged him.