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Anil Mahajan Versus Bhor Industries Ltd. and Ors.

2004 (10) TMI 621 - SUPREME COURT OF INDIA

Crl. A. No. 1164 of 2004 - Dated:- 6-10-2004 - Y.K. Sabharwal, D.M. Dharmadhikari And Tarun Chatterjee, JJ. JUDGMENT 1. Leave granted. 2. The Appellant is the accused in a complaint filed against him by the Respondent Company for offence Under Section 415, 418 and 420 Indian Penal Code. As per the allegations made in the complaint dated 8-6-2001, filed in the Court of Judicial Magistrate, First Class, Bhor, the Appellant was an authorized distributor of the Responde .....

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. Gulshan Agencies at Delhi. The complainant delivered 56,94,120 reels of steel grip tapes valued at ₹ 3,38,62,860 to the accused during the period 19-8-2000 to 20-11-2000 and out of this amount, the accused made only part payment of ₹ 3,05,39,086 leaving balance amount of ₹ 33,23,774. The allegations are that after making this payment, the accused did not make further payment despite repeated demands and started giving reasons such as cash flow problems, non-receipt of right t .....

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f grabbing money and goods from the complainant's Company and to deceive, cheat and cause wrongful loss to the complainant's Company, but the complainant was not aware of the criminal intention of the accused while execution of above MOU. 4. The complainant had also sent a notice dated 9-4-2001 to the accused, the relevant part whereof reads as under: As per record my client has delivered reels of steel grip tapes of ₹ 2,56,70,834. Against that you paid only ₹ 2,09,91,559 to .....

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e interest at the rate of 10% on above amount for loss of interest. If you failed to act upon as per notice, my client will take necessary action against you and you will be held responsible for all expenditure of it. Legal charges of this notice are kept on you. In the aforesaid notice, there is no whisper about any deceit or cheating. On 3-5-2001, a complaint was filed by the complainant with Bhor Police Station where except a vague allegation about cheating, nothing of substance was stated. I .....

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aid person has not paid the said amount. Consequently summons should be sent to him and criminal proceedings may kindly be started against Shri Anil Mahajan, the dealer. He has done cheating with the Company. 5. According to the complainant, on the advice of the police the complaint in question was filed. Learned Magistrate by order dated 25-6-2001 issued the process against the accused. The order of the Magistrate notices that the complainant has filed the documents on record in which the accus .....

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the order that: In this case there is no allegation that the accused made unlawful representation. Even, according to the complaint, they entered into memorandum of understanding. Grievance seems to be that the accused failed to discharge obligations under the MOU. In the complaint, there was no allegation that there was fraud or dishonest inducement on the part of the applicant and thereby the opponent parted with the property. Reliance has been placed, in that order, on various decisions of t .....

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honest intention is shown at the beginning of the transaction. 7. The order of the learned Additional Sessions Judge has been set aside by the High Court by the impugned judgment. The High Court, except noticing that the ratio of the judgment of this Court cannot be applied to all cases in a uniform way, has neither discussed the said judgment nor stated as to how it was wrongly applied by the learned Additional Sessions Judge. There is hardly any discussion in the impugned judgment for reversin .....

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into MOU wherefrom it can be inferred that the accused had the intention to deceive the complainant to pay. According to the complainant, a sum of ₹ 3,05,39,086 out of the total amount of ₹ 3,38,62,860 was paid leaving balance of ₹ 33,23,774. We need not go into the question of the difference of the amounts mentioned in the complaint which is much more than what is mentioned in the notice and also the defense of the accused and the stand taken in reply to notice because the com .....

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t of installments and the bank had dishonored certain cheques issued by him. Further allegation of the complainant was that on physical verification certain chairs were found missing from the premises of the accused and thus it was alleged that the accused committed cheating and caused misappropriation of the property belonging to the complainant. Noticing the decision in the case of Nagawwa v. Veeranna Shivalingappa Konjalgi 1976 (3) SCC 736 : 1976 SCC (Cri.) 507) wherein it was held that the M .....

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ody suffers injury to his person, property or reputation, he may have remedies both under civil and criminal law. The injury alleged may form the basis of civil claim and may also constitute the ingredients of some crime punishable under criminal law. When there is dispute between the parties arising out of a transaction involving passing of valuable properties between them, the aggrieved person may have a right to sue for damages or compensation and at the same time, law permits the victim to p .....

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