FASHION SUITING PVT LTD Vs. STATE OF RAJ

JUDGEMENT

(1.) These three criminal misc. petitions under Section 482 Cr.P.C. have been filed for quashing the FIR No. 749/2013 for sections 420, 406, 467, 468, 471, and 120B, FIRs No. 837/2013 and 869/2013 registered at PS Vaishali Nagar, Jaipur City(South), for offences under sections 420, 406, 467, 468, 471, 504 and 120B IPC as well as entire proceedings as initiated thereunder against the petitioners. As the matter involved in all these three Cr. Misc. petitions is same for quashing the FIRs. registered against the petitioners at PS Vaishali Nagar, they are being disposed of by this common order.

(2.) FOR deciding the controversy raised in all the three criminal misc. petitions, the facts of Cr.Misc. Petition No. 3897 have been taken into consideration. The respondents 2 and 3 complainants filed a complaint before the Metropolitan Magistrate No. 14, Jaipur Metropolitan, Jaipur, against the petitioners wherein allegations have been levelled against the petitioners that accused No. 1 company is a company incorporated under the Companies Act and accused No. 2 to 5 are Directors of the said company and are completely liable for entire day - to day business and affairs of accused No. 1 company. The accused No. 1 company is engaged in the business of selling its products by way of chain system all over the country. The complainants also joined accused company in the year 2001 -2002 and started to make efforts to add the members in the accused company. It was on account of their efforts that income of complainant No. 1 become Rs. 51,814/ - in the year 2005 and Rs. 1,20,540 in the year 2008. According to the performance of the complainants, , their income could have been approximately more than Rs. 3,00,000/ - but in the year 2008 the company in a planned manner in order to grab the profit of members added by the complainants, removed total 18,000 members added under the complainants and added them under their own person namely Gopal Kaushik, which is against the policy of the company as well as illegal, on account of which in place of increasing the income of the complainants, it has come down. On account of said fraud of the company, the business value of complainant No. 2, which was 1588287as on 12.1.2009 has been reduced in only four days and remained 502889, which is not possible in practical etc. On receipt of the said complaint, the Metropolitan, Magistrate forwarded it under section 156(3) Cr.P.C. to the SHO Police Station Vaishali Nagar, Jaipur City (South) for investigation, who registered FIR No. 749/2013 against the present petitioners for offence under sections for quashing the FIR No. 749/2013 for sections 420, 406, 467, 468, 471 and 120B IPC registered at PS Vaishali Nagar, Jaipur City (South) and started investigation.

(3.) MR . D.K. Gaur assisted by Mr. Sushil Pujari, learned counsel appearing for the petitioners has contended that the petitioners are innocent persons and have been falsely implicated in the case. The FIR and the criminal proceedings against the petitioners are nothing but an abuse of the process of law, which in the interest of justice as well as to secure the ends of justice deserve to be quashed and set aside. Perusal of FIR and material available on record clearly show that the essential ingredients for constituting offence punishable under Sections 420, 406, 467, 468, 471 and 120 B IPC are clearly lacking in the case in hand. The act of removing 18000 members is of the year 2008, whereas the complainants have lodged the FIR in the year 2013 i.e. after about 5 years and no satisfactory explanation regarding such delay has been given by the prosecution. The petitioner company is filing annual returns as provided in section 159 of the Companies Act every year. In addition to income tax, service tax, the petitioner Company is also filing VAT every year under TIN No. 08461005171. The annual accounts of the company have been audited by the CA and hence there is no element of uncertainty, fraud, cheating or ambiguity towards existence of company and its functioning within the four corners of law. The company every year generated payment of revenue to the tune of approximately Rs. 125 crores including central excise, service tax, income tax, VAT to the Government. The company has six depots/warehouse and 225 pickup centres (biggar version of retail shop) and25 retail shops (RCM Bazar) in Rajasthan and 90 deposts/ warehouse and 4500 pickup centers and 400 retail shops (RCM Bazar) all over India including Rajasthan. The complainants are getting their share of profit as commission income from time and prior to that the complainants never raised any objection with regard to their share of commission income. A perusal of FIR shows that the complainants have failed to disclose as to how much their share of commission has been reduced. It has been argued that there is nothing on record to implicate the petitioners in the crime and it clearly shows that the petitioners have been falsely implicated in the case. The learned counsel for the petitioners has produced the copies of the judgments of this court in which compromise was entered into between the parties and this court on the basis of the judgment of the Apex Court in Gian Singh vs. State of Punjab and another (2012 (9) SCC 427) allowed the criminal misc. petitions, in the cases noted below: (i)S.B. Cr. Misc. Petition No. 1003 of 2013 Trilok Chand and others vs. State of Rajasthan and others dated 18.6.2013 by Hon'ble Mr. Justice P.K. Lohra Vacation Judge. (ii) S.B. Criminal Misc. Petition No. 1542 of 2013 Bhagchand Chhabda and Ors. vs. State of Rajasthan decided on 15.5.2013 by Hon'ble Mr. Justice Atul Kumar Jain. (iii) S.B. Cr. Misc. Petition No. 1544 of 2013 decided onl 5.5.2013 Bhag Chand Chhabda vs. State of Rajasthan and others decided onl 5.5.2013 by Hon'ble Mr. Justice Atul Kumar Jain. (iv) S.B. Cr. Misc. Petition No. 1390/2013 Bhagchand Chhabda and others vs. State of Rajasthan and another decided on 3.5.2013 by Hon'ble Mr. Justice R.S. Chauhan. (v) S.B. Cr. Misc, Petition No. 1545 of 2012 Bhagchand Chhabda and others vs. State of Rajasthan, decided on 15.5.2013 by Hon'ble Mr. Justice Atual Kumar Jain. (vi) S.B. Cr. Misc. Petition No. 1543/2013 Bhagchand Chhabda' and others vs. State of Rajasthan decided on 15.5.2013 by Hon'ble Mr. Justice Atul Kumar Jain. (vii) S.B. Cr. Misc. Petition No. 1499 of 2013 Bhagchand Chhabda and others vs. State of Rajasthan decided on 7.5.2013 by Hon'ble Mr. Justice R.S. Chauhan.