S S WARAICH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these criminal writ applications involve common question of law and facts and, therefore, they have been heard together and are being disposed of by common judgment. By these aplication, the petitioners have prayed for issuance of writ of certiorari quashing the First Informating Report lodged in Bihia P.S. Case No. 057 of 1993 registered under Sections 403, 406, 409 and 420 of the Indian Penal Code against them.

(2.) Learned Counsel for the petitioners submitted that even at the face of the First Information Report, no offence whatsoever is disclosed against the petitioners and, therefore, the First Information Report is liable to be quashed. Learned Counsel further submitted that on perusal of the First Information Report, it would appear that there is some allegation against one Ashok Kumar Khanna who was having an agency of Escorts Limited at Arrah. Learned Counsel further submitted that there is no whisper against either of the petitioners save and except Ashok Kumar Khanna and, therefore, it will be an abuse of process of the Court if the First Information Report is not quashed.

(3.) I have perused the First Information Report and I have also gone through the case diary. It is alleged in the First Information Report that the informant-respondent No. 2 was in need of a tractor and he accordingly, contacted with Shri Ashok kumar Khanna of Bihar Tractors at Arrah who is alleged to be an authorised dealer of Escorts Limited and on assurance being given by Ashok Kumar Khanna, the informant deposited through Bank Draft a sum of Rs. 47,600/- with Mr. Ashok Kumar Khanna which was to be credited in the bank account of Escorts limited at Patna. Thereafter, the informant again deposited a sum of Rs. 1,02,400/- in cash with Mr. Ashok Kumar Khanna at Bihia and ultimately, when delivery of the tractor was not given to the informant, the informant inquired into the matter from the office of Bihar Tractors at Arrah and he was assured by Mr. Khanna that the delivery shall be made very soon. The informant thereafter went on contacting with Mr. Khanna and ultimately when he got no satisfactory assurance from the office of Mr. Khanna, he went to the Area Manager, Escorts Limited, Patna and enquired from him as to why the delivery of the tractory had not been given to him despite deposits of the entire amount. It is further alleged by the informant that Sri S.S. Waraich, petitioner of Cr. W.J.C. No. 453 of 1993, the area (sic) shall be delivered to him and he need not bother for this. It is also alleged that bank draft worth Rs. 47,600/- which was deposited by the informant with Mr. Khanna was already credited in the bank account of the Escorts Limited at Patna. The informant further alleged in the First Information Report that he had also written letter to the Managing Director, Escorts Limited at Faridabad but no reply was given to him.