REFEX REFRIGERANTS LTD. Vs. KOLANE REFRIGERANTS

JUDGEMENT

(1.) Inherent powers of this Court under Section 561A Code of Criminal Procedure are sought to be invoked through this petition, to get the order of Learned Judicial Magistrate (1st Class) Pulwama dated 25.6.2007 in complaint "M/s Kolane Refrigerants v. T. Anil Jain and Ors." quashed, whereby Learned Magistrate has taken cognizance of offence punishable under Section 420 of Ranbir Penal Code and directed issuance of process against the Petitioners.

(2.) The complainant - Respondent herein on 25.6.2007, filed a complaint against the present Petitioners/accused in the court of Judicial Magistrate (Ist Class) Pulwama, alleging commission of offence punishable under Section 420 & 407 RPC against Petitioners/accused.

(3.) The complainant's case was that the complainant has been running a factory at Industrial Complex Lassipora Pulwama and is doing business of refilling refrigerant gases. The complainant alleged that the Petitioners/accused No. 2 to 4, Directors of the business concern of M/s Refex Refrigerants Limited, approached the complainant/Respondent in second week of November 2006 at Respondent's factory at Lassipora, Pulwama and made the complainant to believe that the Petitioners/accused were dealing in import and marketing of refrigerant gases in India. The complainant alleged that the Petitioners/accused induced the complainant/Respondent that the Petitioner/accused was having business with complainant's wife at Delhi and persuaded the complainant to enter into a business relationship with him. The Petitioners/accused, it was alleged, are assured to import refrigerant gases for the complainant from China on the condition that the complainant agreed to finance the purchase of such gases by opening a letter of credit in favour of the manufacturer of gases from China. The Petitioners/accused are alleged to have made the complainant to opt for High Sea Sales that did not require the complainant to have any export - import license. The Petitioners/accused are also said to have further induced the complainant to place an order for 14 ton tanks with the Petitioners/accused and agreed to supply 14 ton tanks at the price of Rs. 3.00 lacs. The Petitioners/accused by acting in the aforesaid manner are said to have induced the complainant to pay an amount of Rs. 22.00 Lacs to the Petitioners/accused and to have pursuant to the preplanned conspiracy cheated complainant of the said amount. The complainant alleged that Petitioners/accused induced him to open a letter of credit for 4500OUSD in favour of M/s Jiangsu Kangtai Flourine Chemical Co. Ltd. China - CIF Value for purchase of 18000 Kgs of refrigerant gases and also made the complainant to pay an amount of Rs. 3.00 Lacs as full and final payment of 14 ton tanks through a Cross Cheque No. 112355 drawn on Union Bank of India, favouring Refex Refrigerants Limited, that the Petitioners/accused promised to deliver within 20 days. The complainant is said to have on inducement made further payment of Rs. 1.30 Lacs through DD No. 520922, on 15th March 2007, to the Petitioners/accused, to be adjusted by the Petitioners/accused against the sale price of refrigerant gases. It was alleged that the Petitioner/accused were found to have no facility for manufacturing ton tanks nor to have placed any order for 140 ton tanks for onward supply to the complainant and to have received 18000 Kgs of Refrigerant Gases from Chennai Customs and to have not made the payment of sale proceeds including the profit amount promised to the complainant. The complainant alleged that the intention of the Petitioners/accused was fraudulent from the very beginning and that the Petitioners/accused had, . through false representation, induced the complainant to part with Rs. 22.00 Lacs and thus cheated the complainant.