PAWAN KUMAR Vs. J.R. MEHTA

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing Complaint No. 44-2 of 2010 titled as M/s J.R.Mehta vs. Kumar Proprietor pending in the Court of learned Judicial Magistrate 1 st Class, Court No.1, Rohru and further proceedings taken pursuant to the complaint. The petitioner has been summoned for offence under Section 406 IPC.

(2.) It has been stated that the petitioner is a Commission Agent of fruits at New Sabzi Mandi, Azadpur, Delhi. The respondent is the son of J.R.Mehta, who is an old and regular customer of the petitioner's partner Jitender Lamba in another firm. As per the practice in the trade the growers take huge amounts as advance payments from the commission agents at Delhi before sending their crops for sale to them. Jitender Lamba introduced the respondent to the petitioner as a grower and recommended the business dealings with the respondent.

(3.) The procedure for sale of apples is by way of open auction at which different buyers bid for specific lots of the produce which are sent by the growers. The lot put up for auction is sold to the highest bidder on credit by the commission agent, who charges his commission on the sale from the grower on the gross sale price. The commission agents are required to incur expenses on the infrastructure etc. to remain in business. Immediately on the sale of apples, the growers take the payments of the crops from the commission agents, who sell the same on credit to the purchasers at the risk and cost of the commission agents.