RAM CHANDRA RATHI Vs. SUNIL KHOSLA

JUDGEMENT

(1.) ACCUSED Ram Chandra has filed this revision petition against an order of the learned Judicial Magistrate (1), Jaipur District Jaipur dated July, 20, 1982 by which cognizance of offences under sections 406 and 420 IPC was taken and he was summoned to face trial there under.

(2.) COMPLAINANT Sunil Khosla, Plant Manager, Indian Fibres Limited, Jaipur submitted a complaint in the Court below against the accused for offences punishable under sections 406 and 420, IPC. Briefly stated, the allegations made therein are that in pursuance to agreement made between the parties, the accused sent two wagons of Guar Splits to the complainant in January 1982 and sent the bills and other documents amounting to Rs. 2,90, 429. 06 p. through bank. The complainant made the payment of the aforesaid amount through bank together with other charges and took the delivery of the two wagons of Guar Splits. When the complainant checked the goods, they did not conform to the quality settled between the parties. The complainant immediately informed the accused. On 22-3-82, the accused went to the complainant at his factory. The accused asked the complainant to send back the goods with a promise to replace them by the goods of the quality agreed to between the parties. The complainant accordingly sent back the goods in three trucks to Jodhpur in March, 1982. The accused, however, did not replace the goods not returned the amount of Rs. 2,90,429,06 p. to the complainant. The accused, thus, committed the offence punishable under sections 406 and 420, IPC. The learned Magistrate, after conducting an inquiry under sections 202, Cr. P. C. issued process against the accu-sed. Aggrieved against the said order, the accused has filed this revision. I have heard the learned counsel for the parties and examined the record.