UMESH VERMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE accused -petitioner has filed this criminal misc. petition under Section 482 Cr.P.C. with a prayer to quash the FIR No.309/2012 registered at Police Station Gandhi Nagar, Jaipur City (East) for the offences under Sections 420, 406, 409 readwith Section 120 -B IPC mainly on the ground that the dispute between the parties is essentially of civil nature.

(3.) BRIEF relevant facts for the disposal of this petition are that the complainant -respondent filed a written complaint before the Court of Additional Chief Metropolitan Magistrate No.2, Jaipur Metropolitan, Jaipur with the averment that the petitioner and co -accused being partners of M/s Sunnar situated at Delhi came to the showroom of the complainant -company situated at Jaipur on 14.6.2011 and purchased gold and diamond jewelery of Rs.11,17,674/ - through Bill No.208 dated 14.6.2011 and in lieu of payment of the sale price of the aforesaid goods issued four postdated cheques with a promise that when the cheques would be presented for payment, they would be honoured by the bank of the petitioner and the co -accused. It was further averred in the complaint that the cheque dated 14.9.2011 for the amount of Rs.1,28,850/ - when presented for encashment on the due date, payment was made to the complainant -company and taking advantage of the same, the petitioner and co -accused further purchased gold and diamond jewelery of Rs.26,55,099/ - from the complainant -company on 15.9.2011 through Bill No.266 and also on 14.10.2011 of Rs.13,14,639/ - through Bill No.235 without making any cash payment or giving cheques against the sale price with the promise that payment of sale price of these items will be made within a period of 120 days. It was further averred that when the remaining above three cheques were presented for encashment, the same were dishonoured by the reason that sufficient fund was not available in the bank account of the petitioner and co -accused. It was also averred that on the direction of the petitioner and co -accused the aforesaid cheques were again presented in the bank concerned for payment, but again payment could not be made. It was averred that when their efforts to get the payment of the remaining amount could not succeed, on enquiry being made by the complainant -company it was found that the petitioner and co -accused have closed their business and by selling all the goods available with them they have misappropriated the sale proceeds for their own use. It was also averred that the aforesaid act of the petitioner and co -accused is an offence punishable under Sections 420, 406, 409 readwith Section 120 -B IPC. The written complaint so filed by the complainant -company was sent for investigation under Section 156(3) Cr.P.C. to Police Station Gandhi Nagar, Jaipur where the aforesaid FIR was registered and investigation commenced. In these circumstances, one of the accused is before this Court by way of this petition. In support of the petition, learned counsel for the petitioner raised following grounds :