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2020 Supreme(Bom) 1021
IN THE HIGH COURT OF BOMBAY AT AURANGABAD
T.V. NALAWADE, M.G. SEWLIKAR, JJ.
Mayur Kailashchandra Khandelwal & Others - Appellant
Versus
The State of Maharashtra & Another - Respondents
Criminal Application No. 6327 of 2017
Decided on : 07-12-2020
Advocate Appeared:
For the Applicants :K.C. Sant, Advocate.
For the Respondents:S.J. Salgare, S.N. Suryawanshi, Advocate.
The main legal point established in the judgment is that engaging in transactions related to the sale of agricultural produce and collecting money without passing it on to the rightful recipients constitutes misappropriation and cheating under the Indian Penal Code.
Headnote:
Fraud - Quashing of Criminal Case - Indian Penal Code - Sections 420, 406, 120-B, 34
Fact of the Case:
The case involved allegations of fraud and cheating in a transaction related to the sale of agricultural produce. The informant alleged that the accused, who were involved in the transport business, had promised to sell the produce at a higher price but failed to make the payments due to her, resulting in financial difficulties for the farmers.
Finding of the Court:
The court found that the accused had engaged in transactions related to the sale of agricultural produce and had collected money without passing it on to the informant, leading to a finding of misappropriation and cheating. The court also noted that the relief of anticipatory bail granted to the accused had hindered the recovery of the due amount from the accused and the informant.
Issues: The issues involved the nature of the transactions between the accused and the informant, the failure to make payments, and the impact on the farmers who were ultimately deceived.
Ratio Decidendi: The court held that the accused's actions amounted to misappropriation and cheating, and that the relief of anticipatory bail had hindered the recovery of the due amount from the accused and the informant.
Final Decision: The application for quashing the criminal case was dismissed.
JUDGMENT :
T.V. Nalawade, J.
1. The proceeding is fled for relief of quashing and setting aside C.R.No. 40/2017 registered with Savda Police Station, District Jalgaon for the offences punishable under sections 420, 406, 120-B and 34 of Indian Penal Code. During pendency of the present matter, chargesheet came to be fled. Permission was granted to the applicants by this Court by order dated 2.11.2020 to claim the relief of quashing of the case itself and accordingly, both the sides are heard for this relief.
2. The crime was registered on the basis of report given by respondent No. 2 on 28.7.2017. It is contended by respondent No. 2 that as she was working as broker in agricultural produce banana she had become acquainted with the owners of Khandelwal Transporters. Applicant No. 1 Mayur is son of applicant No. 2 Kailas Khandelwal and applicant No. 3 was working as accountant (Munim) of these accused at the relevant time. In the past, informant was hiring transport vehicles of applicant Nos. 1 and 2 for transportation of banana from Jalgaon district to other places.
3. It is the contention of informant that on 9.4.2017 applicant No. 1 approached her at Savda and said that she can hand over banana collected by her from farmers to him and he can find the traders who will give better price to her and she can make more profit. It is her contention that applicant No. 1 represented that due to transport business, they had acquaintance throughout India and so, they were in a position to sell banana at higher price in other States. It is her contention that initially she said that she did not want to sell banana to one who was not acquainted with her and upon that applicant No. 1 represented that he was ready to execute agreement in her favour and on that basis the transactions can be made. As there was the promise from applicant No. 1 that he will give higher price, according to her, agreement was made on the next day. It is contended that written agreement was made to the aforesaid effect in her favour.
4. It is the contention of the informant that due to aforesaid agreement she started handing over banana to the applicants and that was done by her between 26.4.2017 and 18.6.2017 on many occasions. It is her contention that the banana was handed over to Khandelwal Transport, to the applicants. It is her contention that they had adopted procedure which involved sending empty truck by applicants to the field shown by informant, collection of banana from that field, taking weight of banana on weighbridge, handing over one receipt along with slip of weighbridge to her, giving of the receipt of banana by the applicants to her and making the payments to her. It is her contention that one receipt used to remain with applicants and one receipt used to remain with the driver of the truck and it was to be carried to the destination given by the applicants.
5. In the F.I.R., the informant has given the particulars of deliveries of banana made by her during aforesaid period. She has mentioned 248 such deliveries with the rate and the total amount which was payable by the applicants. She has also mentioned the amount which was actually paid after each delivery and the amount due against each delivery. The particulars show that from 21.5.2017 to 18.6.2017, no amount was given against any delivery by the applicants. Prior to that from 26.4.2017 to 20.5.2017 only on three dates nothing was paid against the deliveries. It is her contention in the F.I.R. that the amount of around 2.8 Crore was due from the applicants to her.
6. It is the contention of the informant that she had collected banana from farmers and group of farmers by promising them to give price within few days. It is her contention that as due to non payment by the applicants she could not give money to the farmers, the farmers started insisting to her to make payment. It is her contention that when she requested the applicants to give money, the applicants said that there is some fnancial crun
