B M TANDON Vs. MAHARAJ KISHAN RAINA

JUDGEMENT

(1.) THE petitioner has filed this application under Section 561 -A of the Cr. P. C. for quashing of the Proceedings titled "Sh. Maharaj Kishan Raina Vs B. M. Tondon  in a criminal complaint pending in the Court of City Magistrate Srinagar. An alternative prayer has been made for the transfer of the said case from the court of the City Magistrate Srinagar to some other court of competent jurisdiction at Jammu in the event the proceedings are not quashed.

(2.) THE respondent herein filed a complaint in the court of C. J. M, Srinagar wherein it was alleged by him that he was carrying on the business of the manufacture of PVC cables in the Industrie1 Estate at Burzalla and for that purpose was importing material outside the country That on a representation made by the petitioner at Srinagar, that he would collect the goods imported by the complainant and send the same to him at Srinagar, the respondent gave an authority to him to collect the goods at part of receipt and dispatch the same him. The respondent gave blank forms duly signed by him, to enable the petitioner to receive the goods at the port which were subject matter of four import permits issued by the Govt. of India. It is then alleged by the respondent in his complaint that if the accused had not represented that he would clear and receive the goods and despatch the same to the respondent he would not have given the signed blank froms and the authority to the petitioner. It is further alleged in the complaint that the petitioner collected the goods covered by the import licences and did not send the same to the respondent and retained the goods without any right to do so in breach of trust. On these averments the respondent had prayed that the petitioner be summoned for the offences under section 406/420 of the R. P. C. and after enquiry be punished for the same offences.

(3.) AFTER recording the preliminary evidence, warrants were issued against the petitioner on 22 -8 -74. The petitioner was not served as he kept on evading service on numerous occasions and the warrnats issued for his production could not executed. The present petition for quashing of the proceedings was filed on 15 -6 -76, when the warrnats had not been executed and the petitioner had not appeared even once before the trial court at Srinagar.