Chandrashekhar Bajaranglal ... vs State Of Mha. Thr. Pso Ps Rajapeth ...
2023 Latest Caselaw 7998 Bom

Judgment                                                               apl1572.22

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                   NAGPUR BENCH : NAGPUR.


             CRIMINAL APPLICATION [APL] NO. 1572/2022.


Chandrashekhar Bajranglal Varma,
Aged about 50 years,, Occupation
Business, Resident of Ganesh
Colony, Shilangan Road,
Amravati, Taluq and District
Amravati.                                    ...            APPLICANT.


                                VERSUS


1.State of Maharashtra,
through Police Station Officer,
Police Station Taluq Rajapeth,
District Amravati.

2.Ujwal s/o Rajendrarao Madsane,
Aged about 41 years,
resident of Aachal Vihar, Akoli
Road, Amravati, Taluq and
District Amravati.                          ...       NON-APPLICANTS.


                        ---------------------------------
       Mr. A.S. Mardikar, Senior Advocate with Shri P.V. Navlani,
                      Advocate for the Applicant.
         Mr. N.R. Rode, A.P.P. for Non-applicant No.1 /State.
                     Non-applicant No.2 - Served.
                       ----------------------------------


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                                CORAM : VINAY JOSHI AND
                                             VALMIKI SA MENEZES,, JJ.

DATE : AUGUST 08, 2023.

ORAL JUDGMENT (PER VINAY JOSHI, J) :

Admit. Heard finally by consent of the learned

Counsel appearing for the respective parties.

2. This is an application in terms of Section 482 of the Code

of Criminal Procedure seeking to quash the first information report

bearing Crime No.677/2022 registered with Rajapeth Police Station,

Amravati for the offence punishable under Sections 420, 409, 411

read with Section 34 of the Indian Penal Code, as well as related

charge sheet bearing R.C.C.No.1883/2022 pending on the file of the

Judicial Magistrate First Class, Amravati.

3. The applicant is a Goldsmith and indulging into the

business of purchase and sale of gold. He is running a shop in the

name and style of 'Bajranglal Chhotelal Verma Jewelers'. One of

the customer of Union Bank of India, Rajapeth Branch, made a

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complaint on which a fraud has been unearthed.                    So far as the

applicant is concerned, it is alleged that the applicant, by joining

hands with the co-accused has purchased stolen gold.

4. It is applicant's case that mother of co-accused Satish

Bhondve was his regular customer. On 21.04.2022, Satish Bhondve

came to the applicant with a request to sell ancestral gold, as he was

in need of money. Since Satish utterly urged for his need, the

applicant had purchased 193.300 grams of gold from Satish. On the

instructions of Satish, the applicant has transferred an amount of

Rs.6,75,000/- by R.T.G.S. in the account name of one Pravin Dafaar.

The applicant did not have knowledge that the said gold was stolen

from the Bank, and thus, there is total absence of mens rea. The

applicant has no reason to know about the fraud committed in the

Bank. According to the applicant, the charge sheet it bulky. All

allegations of fraud are against the Bank officials. There is no

material against the applicant, hence, he seeks for discharge.

5. The learned A.P.P. has resisted the application by

contending that the applicant always used to purchase stolen gold.

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The gold lump was seized from him and thus, his involvement is

evident.

6. It is the case of the prosecution that the complainant had

availed gold loan facility from Union Bank of India by depositing

gold ornaments. Later on it was revealed that the original gold was

exchanged with fake gold, and thus, the customer lodged a report.

During enquiry it was found that like applicant, in other cases also

original gold was replaced, and therefore, crime was registered

mainly against the Bank officials.

7. Though the charge sheet is bulky, the learned A.P.P. is

able to point out only two statements of witnesses namely Pravin

Dafaar and Dinesh Gade concerning the applicant. Pravin Dafaar has

stated that at the instance of co-accused Pavan Parekar, who is his

relative, he has availed gold loan from Union Bank of India. It is his

statement that he has received a sum of Rs.6,75,000/- by account

transfer from the applicant. He has enquired with the applicant as

to why the money was transferred, on which the applicant stated

that he has sold the gold and therefore, the money was transferred.

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Witness Pravin Dafar states that he did not sold gold, however, the

amount came to his account from the applicant.

8. The learned Counsel appearing for the applicant took us

through a receipt issued by the applicant- jeweler towards purchase

of gold. It reveals that the applicant has purchased 139.176 grams

gold for which he has paid Rs.6,75,000/- through R.T.G.S. The

receipt discloses the mode of payment as stated by the applicant. It

reveals that though Satish Bhandve sold the gold, however, he has

provided account number of his kin Pravin Dafaar for transfer of

money. According to the applicant, only at the instance of Satish,

he made payment in the account number which was provided by

Satish. There appears to be no dispute that Satish Bhandve sold gold

ornaments and on his instructions, the amount was deposited in the

account of Pravin Dafaar. From said circumstance, it is difficult to

gather knowledge of applicant about stolen gold. It is a common

knowledge that no one would indulge in purchase of stolen articles

by accounting and issuing receipt, that too by paying money by way

of R.T.G.S.

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9. Besides that the learned A.P.P. took us through the

statement of one Dinesh Gade. This witness is brother-in-law of the

co-accused Pavan Parekar. He has stated that at the instance of

Pavan Parekar, he has availed gold loan facility. According to him,

at the instance of Pravin Dafaar, he went to applicant's shop for sale

of gold, however, the said material no where indicates that either

applicant had purchased gold or had any knowledge about the gold

ornaments. The learned Counsel for the applicant would submit

that in absence of essential ingredients of mens rea, the offence

punishable under Section 411 of the Indian Penal Code cannot be

made out. In support of said contention, he has relied on the

decision of Supreme Court in case of Shiv Kumar .vrs. State of

Madhya Pradesh - [2022] 9 SCC 676.

10. We have carefully examined the entire material. Besides

above referred two statements, the prosecution is unable to point out

any material against the applicant. Even if the prosecution case is

taken at its face value and accepted in its entirety, it does not make

out a prima facie case to constitute the charged offence. The

contention of the applicant that he has purchased the goods and

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made payment through R.T.G.S. by issuing a receipt, is not in

dispute. The essential ingredients to constitute the offence

punishable under Section 411 of the Indian Penal Code are missing.

The case squarely falls in criteria nos. 1 and 2 as laid down in

paragraph no.108 of the decision of Supreme Court in case of State

of Harayana and others .vrs. Bhajan Lal and others - AIR 1992 SC

604.

11. We are of the considered opinion that a case is made out

for interdicting the criminal proceeding by quashing the first

information report and the related charge sheet, for the reason that

the material available on record does not indicate that the applicant

deserve to face trial for charged offence. The continuation of

prosecution would amount to abuse of the process of law, and would

result in injustice and prevent promotion of justice. The ultimate

object of justice is to find out the truth and punish the guilty, as well

as to protect the innocent. Experience reveals that long and

protracted criminal trials lead to raucous, acrimony, bitterness in

parties. The Court will be well justified in preventing injustice by

invoking the inherent powers. Facing a criminal trial is of serious

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consequences. In view of above, Criminal Application deserves to be

allowed, hence, the following order.

ORDER

[i] Criminal Application is allowed and disposed of.

[ii] The first information report bearing Crime No.677/2022 registered with Rajapeth Police Station, Amravati for the offence punishable under Sections 420, 409, 411 read with Section 34 of the Indian Penal Code, as well as related charge sheet bearing R.C.C.No.1883/2022 pending on the file of the Judicial Magistrate First Class, Amravati. is hereby quashed and set aside, so far as the applicant - Chandrashekhar Bajranglal Varma is concerned.

                    JUDGE                            JUDGE




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