Delhi District Court
Mehboob vs The State (Govt. Of Nct Of Delhi) on 24 March, 2012
IN THE COURT OF SH RAJENDER KUMAR SHASTRI
ADDITIONAL SESSIONS JUDGE02/ SOUTH EAST
SAKET COURT/ NEW DELHI
IN RE: Criminal Revision No. 05/12
ID No: 02406R0042352012
Mehboob
S/o Late Sh. Shah Mohammad,
R/o S69/015, J.J. Camp, Block8,
Nehru Nagar, New Delhi110065. ..... Revisionist
VERSUS
The State (Govt. of NCT of Delhi) ..... Respondent
______________________________________________________________
Date of Institution : 22.02.2012
Date of arguments : 23.03.2012
Date of Order : 24.03.2012
O R D E R
This is a revision petition U/s 397 Cr.P.C directed against order dated 24.01.2012 passed by Ld. MM, New Delhi.
On the basis of a complaint lodged by one Mohd. Akram to SHO, PS Sriniwas Puri, FIR in this case was registered for offence punishable U/s 420 IPC. A compendium of complaint is produced here as under: "I reside at 2545/7, Ist Floor, Tiraha Baram Khan, Daryaganj, New Delhi and doing a business of export and supply of handicrafts in the name of M/s Gulab International, for last 10 years. (revisionist) is residing at 8/15, J.J. Camp, Nehru CR No. 05/12 1/3 Nagar, Near Ashram, New Delhi and is a Non Resident Indian, working for gain in Dubai (UAE). He introduced me with one Sh. Deepak Chopra, resident of 8A/82, WEA, Channa Market, Karol Bagh, New Delhi, who runs a rag shop in Azad Market, Sadar Bazar, New Delhi. I used to supply some handicraft articles to said Mr. Deepak Chopra. Mehboob and Deepak Chopra had malafide intention to cheat and defraud me. Mehboob shown his inability to receive exported goods in his name in Dubai and asked me to send export items in the name of M/s North Rose Trading, Dubai, UAE. Said Mehboob assured me about the payment, stating that he had business agreement with said company. It was also disclosed by Mehboob that he used to import different items from India in the name of same company i.e. M/s North Rose Trading, Dubai, UAE. I sent consignment of handicraft items in the name of said company as per instruction given by Mehboob. After period of a month, as was agreed, he made a Bill of Exchange of M/s North Rose Trading Est., Dubai, UAE and submitted the same to Bank of India, Connaught Circus, New Delhi, but inspite of his best efforts, no payment was received. After about two years, I have come to know that it was a criminal conspiracy by Mehbood and Deepak against me. Complainant filed copy of bill of lading No. SS/DEL/02/DUB/005393 dated 20.04.2002 and also invoice of exported items under the name and style of M/s Gulab International, Tiraha Baram Khan, Daryaganj, New Delhi."
CR No. 05/12 2/3Ld. MM framed charges against revisionist/ accused for offence punishable U/s 420 IPC, vide impugned order.
It is submitted by Ld. Counsel for revisionist that trial court has failed to appreciate the documents put on file. Even if same were true, no cheating/ fraud appeared to have been committed. As per Ld. Counsel, even if any offence is committed, same was done by Deepak Chopra. IO in this case did not investigate the case properly against said Deepak Chopra. It is further the plea of Ld. Counsel that the revisionist had no connection with M/s North Rose Trading and there was no question for him to ask the complainant to deliver any handicraft item to said company.
Case is at the stage of charge. Evidence is still to be led.
Whether revisionist/ accused had any connection with M/s North Rose Trading or not is still to be proved. From the statement of complainant, a prima facie offence was made out against revisionist for offence punishable U/s 420 IPC.
I find no illegality or infirmity in the impugned order.
Petition in hands is thus dismissed. Let trial court record be sent back, alongwith a copy of this order.
File of this court be consigned to record room.
Announced in the open court (RAJENDER KUMAR SHASTRI) on 24th March 2012 ASJ02/SE/ SAKET COURT NEW DELHI CR No. 05/12 3/3