RAMESH KUMAR JAIN Vs. RAGHUBANS MANI PRASAD

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973, for quashing the order passed on 15-12-1973, by the Sub-divisional Magistrate, Siwan taking cognizance of offences under Sections 420, 406 and 120, Indian Penal Code, 1860, and the proceeding against the petitioner.

(2.) The facts and circumstances giving rise to this application, in brief, are as follows The petitioner is a partner of M/s. M.R. Oswal Hosiery Mills, Ludhiana (Punjab), which deals in the business of manufacturing of hosiery goods and supplies hosiery goods On orders being placed with the firm. The opposite party, namely, the complainant has a shop of ready-made clothes in the town of Siwan. On 15-12-1973, the opposite party filed a petition of complaint in the court of the Sub-divisional Magistrate, Siwan, for offences under Sections 420, 406 and 120, Indian Penal Code, 1860 against (i) Tawak Khan, agent of the Oswal Hosiery Mills, (ii) the proprietors (Malikan) of M/s. M.R. Oswal Hosiery Mills, Ludhiana (Punjab), (iii) Manager and (iv) the Packer of the aforesaid Hosiery firm, alleging therein that the agent, namely, Tawak Khan approached him on 30-8-1973 and secured orders for readymade clothes and even though he was not willing and had sufficient stock in his shop, he was induced by him to place two orders, one for articles worth Rs. 1154.50 paise and another fur articles worth Rs. 1179.00, one being in espect of non-taxable and other being in respect of taxable garments and subsequently received the invoice for having sent articles worth Rs. 1768.07 ps. and the railway receipt was sent through the Central Bank of India at Siwan. He paid Rs. 1777.07 ps., the amount under the bill including the bank charges and obtained the railway receipt. On the basis of the said receipt, he obtained from the parcel office a box which he found to be intact and there was no mark of tampering on the same and its weight tallied with that as mentioned in the receipt. Since he did not find any mark of tampering on the box, he did not take open delivery, but when he brought the box at his shop and opened it there, he found that it contained garments worth Rs. 300.00 only and the rest of it contained bricks and stone-chips to maintain the weight. He informed the accused persons by telegram but did not receive any satisfactory reply from them regarding compensation for the loss or for supplying the remaining goods to him. According to the opposite party, the accused persons had conspired between themselves to cheat him and to put him in great loss. Hence, he had prayed for taking action against them.

(3.) Learned Sub-divisional Magistrate, Siwan, examined the complainant on solemn affirmation, took cognizance of the offence under Sections 420, 406 and 120, Indian Penal Code, 1860, summoned the accused persons and transferred the case to the Munsif Magistrate, 1st Class, Siwan, for disposal.