ARNAVAZ ANU Vs. ALCOBEX METALS LTD

JUDGEMENT

(1.) By way of instant petition under S. 482, Cr. P.C., the petitioners seek direction to quash F.I.R. No. 23.3/2003 Police Station Basni, District Jodhpur, for offence under Ss. 406, 420 and 120-B, I.P.C.

(2.) The relevant facts giving rise to the instant petition are that the first respondent Shri Ghevar Chand, Managing Director, Alcobex Metals Ltd., filed a complaint in the Court of Judicial Magistrate No. 4, Jodhpur on 17-7-2003 stating inter alia that the petitioner herein Thermax Limited and Alcobex Metals Limited had business relations for long time. Five purchase orders were placed by Thermax Limited on Alcobex Metals Limited for the supply of cupronickle tubes. The Thermax Limited under the communication dated 20-1-1998 informed the complainant that the supplies of 10.000/- tubes were not in order as some tubes had been found to have leaked. On receiving a complaint the Managing Director of the complainant-company visited the works of Thermax Limited at Pune and assured that defective material will be replaced free of cost. It is alleged that the petitioner-company namely Thermax Limited refused to make payment of Rs. 18 lakhs against the material supplied. The company also rejected certain material and returned the same. It is averred that the return of the material was unjustified, more particularly with respect to 2300 tubes, which were inspected and approved by an officer of the petitioner-company. According to the complainant, he suffered loss on account of unjustified rejection and return of goods. Thus, the demand was raised by the complainant-company against the petitioner herein for a sum of Rs. 34,31,111.44/-. According to the complainant, the entire transaction in placing the five purchase orders on complainant company by the petitioner herein was entered with an intention of cheating. It is further alleged that the petitioner herein conspired and cheated and defraud the complainant.

(3.) The learned Magistrate sent the said complaint for investigation under S. 156(3), Cr. P.C. to the S.H.O. Police Station Basni. Thus, the impugned F.I.R. No. 233/2003 had been registered against the petitioners at Police Station Basni, for offence under Ss. 406, 420 and 120-B, I.P.C.,