SUNIL AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) PROSECUTION lodged by filing Complaint Case No. 396(C)/1998 by the Opposite Party No. 2 has been sought to be quashed by filing this petition under Section 482 of the Code of Criminal Procedure.

(2.) ADMITTEDLY the petitioners being the Officers of M/s Mittal Marketing and Sales Corporation had entered into an agreement with the Hindustan Antibiotic Limited (in short HAL) as handling agent for having a godown at Patna to retain the stocks of medicine and as per the instructions of the HAL, the goods are to be supplied to the customers as per the direction of the HAL. According to the petitioners, some of their dues were not paid by the HAL. On the other hand, the HAL had different grievance against the petitioners to the effect that they were preparing false bills etc. etc. For an amount which allegedly was due to the petitioners, a huge stock in the godown of the petitioners had been allegedly consumed by the petitioners and according to the complainant -opposite party No. 2, whole of the articles in the godown had been misappropriated by the petitioners.

(3.) A judgment of this Court as reported in 1980 (28) BLJR 145 (On Prakash Singhania and Ors. v. Nauratan Mal Dudhania) from the side of the petitioners has been referred to which has got no bearing in the present circumstances of the case. In that case goods were sold on credit but payment was not made and as such there was breach of contract and it was held that only civil liability is there, no criminality can be attached to it, but here goods entrusted for the purpose of dispatch to the intending customers, as per the direction of the principal, have been misappropriated on the plea of dues. Prima facie criminality is there.