JAHANGIR JOIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- By this petition u/S. 482 Cr. P.C., the petitioner Jahangir Joiya has invoked the inherent powers of this Court to quash F.I.R. No. 58 dated 27-3-98 P. S. Basni, Jodhpur.

(2.) The Director, Alcobex Metals Ltd., Head Office, Jodhpur, Shri Sampat Raj s/o Bes Raj Kanugo r/o A 27, Shastri Nagar, Jodhpur lodged a complaint under Sections 406 and 420 I.P.C. against the petitioner in the Court of Addl. Judicial Magistrate No. 4, Jodhpur on 24-3-98, which was forwarded for investigation u/S. 156(3) Cr. P.C. to the Police Station, Basni, Jodhpur. The S.H.O. Basni, registered a case under Sections 406 and 420 I.P.C. under F.I.R. No. 58 dated 27-3-98, which is sought to be quashed by the petitioner.

(3.) According to this F.I.R., the petitioner Jahangir Joiya is the Area Manager of the Branch Office at Hyderabad (Andhra Pradesh) of the Alcobex Metals Ltd., Jodhpur. The petitioner's duties were to purchase and sell the goods for the Company and to make the payments as well as to receive the payments on behalf of the Company. The petitioner was required to send regular statements and accounts of the transactions at Jodhpur Head Office. A sum of Rs. 60 lacs became due for payment to the Company from various firms, who dealt with through the petitioner but the Company did not receive the payment for eight to ten months. The Officers of the Company wrote