This application under Section 482 of the Code of Criminal Procedure, 1973 [for short, 'the Code'] is filed by the petitioner to quash Criminal Inquiry Case No.21 of 2010 filed in the Court of the learned Additional Chief Judicial Magistrate, Gandhidham, Kutch, for the offences punishable under Sections 420, 406, 120B and 114 of the Indian Penal Code, on 9.2.2010, and the order dated 9.2.2010 passed by the trial court in exercise of powers under Section 156(3) of the Code.
As per the case of the complainant, the petitioner was the Vice President with M/s. R.N. Infra Communication Private Limited and was serving in the capacity of Vice President when the order for purchase of goods was placed and the goods were delivered in time by the vendor. As per the terms of payment of the dues, 10% amount was to be made in advance as per the proforma invoice and 20% amount of post-dated cheques within 30 days from the despatch date were to be issued by the Company. However, the fact remains that the petitioner, who left the Company in the year 2009, was the Vice President when the order of purchase was placed and the delivery was taken by the Company. The fact that the petitioner left the service of the Company from 27.6.2009 onwards and whether the petitioner had any intention to cheat so as to attract the offence under Section 420, etc. is a matter of further investigation and, when the payment for the goods received by the Company was not made and it has remained outstanding, admittedly, at this stage, a case is made out for investigation of the allegations levelled in the complaint and, at the stage of investigation, this Court would not be justified in embarking upon an inquiry as to the reliability or genuineness or otherwise of the allegations made in the complaint, nor to scuttle the investigation. The contentions raised by the learned counsel for the petitioner are in the realm of defence which can be adjudicated by the trial court at the trial. It is trite that the complaint can be filed under Sections 406 and 420 of the Indian Penal Code even when a case is, prima-facie, made out about dishonest intention on the part of a person attracting offences under Sections 406 and 420 of the Indian Penal Code. Considering the above, no case is made out to exercise power under Section 482 of the Code to quash the impugned complaint and this application is rejected. Notice is discharged. The ad-interim relief stands vacated.
(ANANT S. DAVE, J.) (swamy) Top