DWARKA PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under s. 482 Cr. P. C. is directed against the re-visional order of the learned Addl. Sessions Judge No. 1, Hanumangarh dated 30. 5. 1988 whereby the learned Judge has upheld the order of the learned Chief Judicial Magistrate, Hanumangarh dated 6. 6. 1985 talcing cognizance against the accused-petitioner Dwarka Prasad for the offence under s 420 read with 120b IPC.

(2.) THE facts necessary to be noticed for the disposal of this petition briefly stated are : that accused-persons Mahendra and Gopal are the owners of M/s Ganpati Dall Mills, Jaipur and they were also doing some business in Delhi. It is alleged that they approached accused-petitioner Dwarka Prasad, a businessman of Rawatsar for purchase of 3-4 trucks of Gram. On this, Dwarka Prasad gave them a letter in the name of M/s. Sharda Trading Company, Hanumangarh that these persons are known to him, they are correct persons and their business-behaviour is good and, therefore, they may help them in purchase of 3-4 trucks of gram and may send his own persons to take payment at Jaipur. This letter was written on 1. 8. 1984 on the letter-head of his firm M/s Gulab Chand Sagarmal Lakhotia Rawatsar. On the basis of this introductory letter, these accused-persons viz. Mahendra and Gopal approached the complainant firm M/s Sharda Trading Company, Hanumangarh and purchased two trucks of gram: one consignment containing 122 bags and the another containing 150 bags of gram. THEy were despatched by Truck RSC 5486 and RRK 3486 respectively. THE complainant sent Shri Kishanlal and Ashwini Kumar with these two persons to receive the payment. It is alleged that accused Mahendra and Gopal got unloaded their truck at Jaipur and they did not make any payment to Shri Kishanlal and Shri Ashwini and actually, they have sent these consignments to Delhi and thereby, they have cheated the complainant.