INDO ASIAN LTD. Vs STATE OF UTTRAKHAND
Bench: K.S. RADHAKRISHNAN,VIKRAMAJIT SEN
Case number: Crl.A. No.-000215-000215 / 2014
Diary number: 12820 / 2012
Advocates: SANJAY JAIN Vs
JATINDER KUMAR BHATIA
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 215 OF 2014 [Arising out of SLP (Crl.) No.3399 of 2012)
Indo Asian Ltd. .. Appellant
Versus
State of Uttrakhand & Anr. .. Respondents
J U D G M E N T
K. S. RADHAKRISHNAN, J.
1. Leave granted.
2. The High Court while exercising its powers conferred
under Section 482 of the Code of Criminal Procedure
quashed proceedings of Criminal Case No.1004 of 2010
arising out of Crime No.24 of 2010, holding that no offence
has been made out under Section 406 IPC.
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3. The Appellant is a company engaged in the
manufacture of copper wire having its factory at SIDCUL,
Haridwar. The accused-Respondent No.2 is running his
business in the name of his sole proprietorship concern by
name M/s. Dynasty India and also in the name of his
company named M/s. Dynasty India Private Limited. On
25.8.2008, a contract was entered into by the accused-
Respondent No.2 whereby it was to process the copper rods
to be supplied by the Appellant Company into copper wire.
4. The Appellant submitted that during the period
between 4.7.2008 to November, 2008, the Appellant
entrusted in total copper rods weighing 39,689 kgs. for
processing and out of that the accused returned only
33,440.10 kgs. of copper wire to the Appellant Company.
Copper weighing 26.87 kgs. was used in processing, and as
such, the copper rods weighing 6,222.04 kgs. remained with
the accused-Respondent No.2 which, according to the
Appellant, was misappropriated and converted to his own
use and the said copper was never returned to the
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Appellant. Few correspondences were exchanged between
the parties, including few meetings as well. According to
the Appellant, even though the accused had undertaken to
return the copper rods, the same was not done.
Consequently, the Appellant preferred a complaint which
was registered as Crime Case No.24 of 2010 registered at PS
Rampur, Haridwar under Section 406 IPC.
5. The investigating officer initially filed a report on
30.4.2010. Again there was further investigation under
Section 173(8) of the Criminal Procedure Code and, after due
investigation, a charge-sheet was filed on 13.12.2010
against the accused under Section 306 Cr.P.C. Respondent
then preferred Writ Petition No.224 of 2010 before the High
Court for quashing the FIR and not to arrest him. While the
Writ Petition was pending, the Additional Chief Judicial
Magistrate took cognizance of the case vide his order dated
23.12.2010, and issued summons. Those proceedings were
challenged before the High Court and, as already stated, the
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High Court quashed those proceedings, against which this
appeal has been preferred.
6. We have gone through the FIR as well as various
invoices produced before us. On going though the
allegations raised in the FIR as well as the documents, we
are of the view that the High Court, at the threshold, should
not have quashed the complaint and the summons issued by
the Criminal Court. In the circumstances, we are inclined to
allow this appeal and set aside the order of the High Court
and leave it to the Criminal Court to proceed with the case in
accordance with law. We make it clear that we have not
expressed any opinion on the merits of the case and leave it
entirely for the Criminal Court to decide the case on the
basis of the evidence adduced by the parties. Ordered
accordingly.
……………………………..J. (K. S. Radhakrishnan)
……………………………..J.
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(Vikramajit Sen) New Delhi, January 21, 2014.