P.N. SEHGAL AND OTHERS Vs. AMAR NATH

JUDGEMENT

(1.) AMAR Nath Respondent filed a complaint under Section 406/420 Indian Penal Code, in the Court of Judicial Magistrate 1st Class, Barnala, on January 10, 1978 alleging that the Petitioners approached him at his village Tappa on April 29, 1975, and told him that they represented Rajiv Trading Company (Private) Limited, Chandigarh, and were competent to sell cement on its behalf ami to receive the price thereof in advance. They assured him to get 400 bags of cement for which he was holding a permit valid till April 30, 1975. They represented that the cement will be supplied against the permit provided he paid Rs. 7200/ -by way of price and also gave them the cement permit and the letter issued by Bharat Overseas sole selling, Agent of Jaipur Udyog (Private) Limited. Relying upon their assurance he gave a draft for Rs. 7200/ - on the State Bank of Patiala at Tappa in the name of Rajiv Trading Company (Private) Limited to them as also the cement permit and the letter issued by Bharat Overseas. The Petitioners issued a receipt to him on behalf of Rajiv Trading Company (Private) Limited. The Petitioners did not supply the cement nor did they refund the amount inspite of repeated demands. The Respondent further alleged that on January 2, 1978, it was found on verification that the Petitioners had cheated him of Rs 7200/ on the false pretext of supplying cement and they had misappropriated the amount. The Petitioners intentionally and deliberately made a false statement that they will supply cement on receipt of Rs. 7200/ -. The Petitioners had thus committed an offence under Section 406/420, Indian Penal Code.

(2.) THE Respondent led preliminary evidence and the Judicial Magistrate 1st, Class, Barnala, vide order dated February 14, 1978, opined that there was sufficient ground to proceed under Section 406/420 Indian Penal Code, against the Petitioners and that they be summoned. It is against this order that the present petition under Section 482. Criminal Procedure Code, has been filed

(3.) IT is not disputed that Alok Udyog which was a limited company manufactured cement. Bharat Overseas which is also a limited company was the sole selling agent of Alok Udyog. Rajiv Trading Company was the sub agent of Bharat Overseas. The Petitioners had obtained a permit from the authorities for the supply of 400 begs of cement on payment of its price. On April 29, 1975, the Respondent paid Rs 7200/ - to Rajiv Trading Company (Private) Limited by means of a draft to wards the price of the cement to be supplied to him against the permit. The cement was probably not supplied to the Respondent nor the amount paid by him towards its price refund ad.