GAUHATI HIGH COURT ISSUES ORDER ON MR. VIPIN SABOO V/S ANGLO PACKAGINGS

GUWAHATI, India, Dec. 17 -- Gauhati High Court issued the following order on Nov. 17:

1. Heard Mr. V. K. Chopra, learned counsel appearing for the petitioner. Also heard Mr. S. Agarwal, learned counsel representing the respondent.

2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the petitioner is seeking quashing of the Case No.1750C/2013 pending in the Court of learned Sub-Divisional Judicial Magistrate (S) No.1, Kamrup at Guwahati.

3. The brief facts of the case is that the petitioner/accused used to visit Guwahati for his business purposes; that the petitioner/accused came across the respondent/complainant and knew each other as the nature of business was the same; that gradually the accused malafidely developed friendly terms with the respondent/complainant; that initially the petitioner/accused purchased small quantities of goods in cash; that on 03.12.2012 the respondent /complainant was out of station and in his absence, the accused asked the staff of the respondent/complainant to deliver goods amounting to Rs.4,35,001/- on credit claiming of having the consent from the respondent/ complainant and thus, dishonestly induced its staff to deliver the goods on credit; that the petitioner/accused took the goods without the consent of the respondent/complainant. It is the further case of the respondent/complainant that on various dates the petitioner/accused was asked to make the payment but finally on 30.12.2012, the petitioner/accused dishonestly refused to return the goods or make the payment and thus, the accused committed the offence punishable under Sections 379/420/403 IPC. Consequently, finding no other alternative, the respondent/complainant was compelled to file the instant complaint case before the learned Chief Judicial Magistrate, Kamrup at Guwahati with a prayer to take appropriate action in accordance with law.

4. The case was accordingly entrusted to the learned Sub-Divisional Judicial Magistrate (S) No.1, Kamrup at Guwahati for trial and disposal.

5. During the course of trial, the learned Trial Court recorded the initial statement of the Manager of the complainant company under Section 200 Cr.P.C. and further the statement of other employee of the company under Section 202, Cr.P.C. Thereafter, by order dated 16.09.2013 the learned Trial Court being prima-facie satisfied took cognizance of the offence under Sections 420/403 of the IPC and accordingly issued processes. Situated thus, the instant quashing application has been filed by the petitioner.

6. Mr. V. K. Chopra, learned counsel for the petitioner argues that no criminal case whatsoever is made out in the body of the complainant. He further submits that at best the allegations may give rise to a civil dispute. However, the complainant by misusing the process of law has given the civil dispute cloak of criminal nature. By relying on e-mails dated 18.01.2013 and 08.03.2013 the learned counsel for the petitioner submits that though the complainant had requested the petitioner to clear the outstanding dues, however, nowhere it has been mentioned that the petitioner has cheated the complainant. Mr. Chopra submits that proceeding with the trial would result in abuse of the process of court and would not serve the ends of justice and as such, the impugned proceeding is liable to be quashed.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9WdDdBYH%2Fln1V3RdMXZJjnz0kLHNURAFRZsTD7IJYHpl&caseno=Crl.Pet./278/2014&cCode=1&cino=GAHC010124002014&state_code=6&appFlag=)

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