DEEPAK KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 03.03.2016 passed by the Chief Judicial Magistrate, Madhubani, in Madhubani Town P.S. Case No.21 of 2014 by which the learned Magistrate has taken cognizance against the petitioner for the offence under Section(s) 406, 420, 409 Indian Penal Code.

(2.) Counsel for the petitioner submits that it was the duty of the Bihar State Food Corporation to lift the CMR lying in the premises of the petitioner's mill or to arrange for transportation in order to supply the same but no steps were taken and thereafter the petitioner and others were asked by the authority of the BSFC by letter dated 13.06.2012 to arrange the vehicle at their own costs for transportation of the CMR with an assurance that the authority of the BSFC will make payment of the transportation charge immediately. Xerox copy of the aforesaid letter is annexed as Anenxure-3. The petitioner arranged trucks from open market and transported 9180 quintals of rice, which was received by the BSFC, but the truck remained lying in the campus of the BSFC for unloading for several days. Thereafter, rice was unloaded and Truck owner charged heavy penalty from the petitioner for detaining the truck in the premises of the BSFC. The chart of total paddy received by the petitioner along with rice lifted by BSFC as well as rice sent by the petitioner by arranging truck from the open market are annexed with the petition as Annexure-4 series. The authority of the BSFC did not make payment of the transportation charge of CMR including demurrage charge on account of detaining of truck for several days and, therefore, the petitioner had to pay the aforesaid amount from his own pocket. Thereafter, the petitioner refused to arrange the truck from open market for transporting rice to BSFC godown. Also, as per terms of the contract, it was the duty of the BSFC to get the rice lifted from rice mill of the petitioner to BSFC depot.

(3.) In the written report, which has been lodged by the District Manager, Bihar State Food Corporation, Madhubani, it is alleged that petitioner, who was Proprietor of M/s Sharda Rice Mill, Pandaul, Madhubani, entered into an agreement on 001.2012 with Bihar State Food Corporation, Madhubani, for the purpose of milling the rice at the rate of 67% CMR and the same has to be given to BSFC within stipulated time as per terms and conditions. It is stated in the report that 47712.85.000 quintal rice was received against which 31968.40.871 quintal CMR rice has to be given to Bihar State Food Corporation, Madhubani, but only 17249.5465 quintal rice was given. Rest 14718.87.406 quintal rice was due. At the rate fixed by the government, its price comes to Rs. 2,80,11,930/- at the rate of Rs. 19012 per quintal. It is further alleged that only Rs. 49,75,000/- is given, whereas, rest Rs. 2,30,36,930/- is still due to be paid by the petitioner-miller in spite of several reminders. Notice was also served to the petitioner on 08.05.2013 with regard to due money, but the same has not been complied. The petitioner has violated terms and conditions as contained in agreement entered into between both the parties and misappropriated the amount.