S N GOENKA Vs. JAMMU CASTING PVT LTD

JUDGEMENT

(1.) THIS is a petition under section 561 -A Cr.P.C. filed by S.N. Goenka. who is the Managing Director of the firm known as "S.N. Goenka and Co. Pvt. Ltd. Goenka House, 44 Community Centre, Zamresdpur Kailash Colony Extension, New Delhi". The respondent is a Private Limited Company and its Managing Director is Sandeep Guiati. Respondent Company carries on its business in Jammu. The petitioner has sought setting aside of the order dated 27 -5 -1996 passed by the Sub Registrar, Judicial Magistrate 1st Class, Jammu whereby he took the cognizance of the complaint filed by the respondent and issued process against the petitioner for cheating the respondent at three occasions of the sums specified in the complaint and thus committed prima facie an offence under Section 420 RPC. It has been contended by the petitioner that this is a case of civil nature, but the respondent has by abusing the process of the court succeeded in issuance the process and thus the proceedings initiated before the trial court may be quashed.

(2.) THE petitioner is an Import and Export Company and in pursuance to the contract entered with the respondent it had agreed to arrange the supply of M.S. Scrap (Mild Steel Scrap) through Kuwait Scrap Co. Ltd. Kuwait. The quantity to be supplied was 300 M.T. and the destination was Ludhiana. The mode of payment was 90 days L.C. which had to be sent to the supplier company, namely. Kuwait Scrap Co. Ltd by 5th of October 1994. The case of the respondent is that through letters and telephonic conversations the petitioner herein had induced the respondent to part with money at three occasions. On 20 -9 -1994 Rs. 10,000/ - were sent through demand draft and on 2 -12 -1994 Rs. 30,000/ - were sent in the same manner, whereas lastly on 7 -2 -1995 Rs. 29,000/ - were sent. That vide Annexure C -2 sales contract for the supply of above stated goods was signed by the respondent for the said firm in Jammu at the inducement of the petitioner. That petitioner had all along induced the respondent to part with the money and had the fraudulent intention from the very beginning. That through his correspondence the respondent had been changing his stand constantly to get the supplies of the above stated material supplied through different foreign companies which shows that he was not honest from the very beginning and his intention was to extract money.

(3.) ON this complaint the trial Magistrate took cognizance and issued the process as stated above.