SURINDRA NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three petitions filed under Section 482, Cr. P.C. seek to challenge the order dated 17/11/2005 passed by the learned Chief Judicial Magistrate, Jaipur City, Jaipur sending the three cases for further investigation to CID (CB), Jaipur under Section 173(8) of the Cr. P. C.

(2.) The facts of Criminal Misc. Petition No. 162/2006 are taken as leading case. The FIR No. 385/2004 on 13-10-2004 in the aforesaid case was filed by one Mahesh Kumar Choudhary alleging the offences under Sections 406, 420, 467, 468 and 471, IPC and also Sections 63, 64 and 67 of the Copyright Act against the accused petitioners. The complaint in the aforesaid FIR was that the complainant Mahesh Kumar Choudhary being partner of M/s. Saraswati Export, Jaipur had entered into some business agreement with the firm of accused persons Mr. Surendra Nath Kapoor and Mr. Vikram Kapoor partners of M/s. S. M. Kapoor Export, Jaipur who were engaged in the business of export of carpets. The said agreement envisaged the manufacture of carpets as per the designs provided by the firm of the accused persons and they had got marketing in the foreign countries for such carpets and therefore, the complainant agreed to undertake manufacturing activities as per the consultancy and designs etc. provided by the accused petitioners and in consideration of the same, the complainant was to pay consultancy charges/share in the profit. Under the revised agreement between the parties from 1/4/2003 instead of 10% of the sale value, the complainant was to pay Rs. seventeen lakhs per month to the accused petitioners. Later on certain disputes developed between the parties and the advance cheques given by the complainant to accused petitioners were dishonoured. It is the case of the complainant that by manipulating the dates in the cheques the accused petitioners committed the alleged offences and accordingly the said FIR was filed.

(3.) The police after investigation, however, did not find any offence to have been committed by the accused petitioners and submitted failure reports in the four FIRs bearing Mp/357/2004,384/2004 and 386/ 2004 filed at Police Station, Brahmpuri, Jaipur and also FIR No. 168/2004 at Police Station, Vidhyakpuri, Jaipur. These failure reports were respectively bearing No. 107 dated 28-10-2004, 108/28-10-2004, 109/ 28-10-2004 and 288/2-12-2004. The said failure report Annexure-2 is on record. Ultimately, police concluded that the allegations levelled against the accused petitioners were false and without any foundation and the complaint under Sections 182 and 211, IPC for malicious prosecution was directed to be filed against the accused petitioners which is said to be pending.