KARANPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners as also learned counsel for the complainant-respondent No. 2 and learned Public Prosecutor.

(2.) Two separate criminal misc. petitions have been preferred on behalf of the accused-persons with the prayer to quash and setaside FIR No. 145/2016, registered at PS Sadar, Jaipur (West) for the offences under Sections 420, 409, 384 & 120-B IPC.

(3.) Briefly stated, the facts mentioned in the FIR are that Shri Karanpal Singh, Shri Pawan Kumar Ahluwalia and Shri Prashant Kumar Ahluwalia, who happened to be Directors of Kamal Sponge Steel & Power Ltd. (for short 'KSSPL') purchased iron billets through Omprakash Agarwal and Smt. Sushila Agarwal, Manager & Proprietor respectively of M/s. Maa Ganga Ispat from complainant Akhilesh Agarwal, Director of Maruti Product Pvt. Ltd. (for short 'MPPL'). In the year 2012-2013 KSSPL purchased iron billets worth Rs. 1,91,28,775/-. Out of this, iron billets of Rs. 1,89,36,232/- were purchased through accused Nos. 4 & 5 i. e. Shri Omprakash Agarwal and Smt. Sushila Agarwal. Iron billets worth Rs. 1,92,543/- was purchased directly by the accused Nos. 1 to 3 from MPPL. It was agreed upon between the parties to pay the amount within 15 days from the date of purchase of goods and in case of failure, to pay the interest amount @ 18% p. a. When the payment was not made within due time, complainant contacted the accused-persons. On 14. 05. 2013, accused Nos. 4 & 5 wrote a letter on their letter head to the complainant stating that payment of Rs. 1,89,36,232/- would be made directly by the company of accused Nos. 1 to 3 to the complainant. Accused Nos. 1 to 3 also gave recognition to the letter written by accused Nos. 4 & 5 and owned the responsibility for the same, but the payment was not made despite reminders. Ultimately, the accused-persons having dishonest intention and to cause wrongful loss to the complainant and to make wrongful gain to themselves, denied to make the payment. It has been alleged in the FIR that right from the beginning intention of the accused-persons was dishonest and they wanted to grab the iron billets without making payment therefor. On telephonic call made by the complainant on 18. 0 2016, the accused-persons completely denied any responsibility for payment and threatened him for dire consequences.