Rajasthan High Court - Jodhpur
Pankaj Didwania vs State & Anr on 16 November, 2017
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4011 / 2017
Pankaj Didwania Son of Shri Badri Lal Didwania, C/o My Own Eco
Energy Pvt. Ltd., B-82-B, Chanakya Marg, C-Scheme, Jaipur.
----Petitioner
Versus
1. State of Rajasthan Through P.P.
2. Manaram Son of Harchand, Resident of Nagadada, Tehsil Shiv,
District Barmer.
----Respondents
_____________________________________________________
For Petitioner(s) :Mr. Kamlaker Sharma, Sr. Advocate, Assisted
by Ms. Alankrita Sharma, Mr. Vineet R Dave
For Respondent(s) :Mr. VS Rajpurohit, PP
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 16/11/2017
1. Petitioner has preferred this misc. petition under Section 482 of Cr.P.C. for quashing of the FIR No.0134/2017 registered at Police Station Shiv, District Barmer for the offence under Sections 420 and 406 of IPC.
2. Learned counsel for the petitioner states that the petitioner is an employee of the Company My Own Eco Energy Pvt. Ltd., which had issued a Letter of Intent on 23.01.2017 on an application made by the complainant in pursuance to which an amount of Rs.9.0 Lacs was deposited by him towards security.
3. Learned counsel for the petitioner shows the Letter of Intent, in which, the detailed terms and conditions have been mentioned. The Company sells Biodiesel and said product is not a petroleum product, the State Government has no regulatory (2 of 3) [CRLMP-4011/2017] powers over it. On 10.04.2017, State Government initially issued an order to all District Collectors that till the Central Government issues a fresh notification/ rules, they should ensure stoppage of retail sale of Biodiesel. The Central Government has now issued a notification on 29.06.2017 permitting direct sale of Biodiesel for blending it with High Speed diesel to all consumers. Thus, the company is absolutely free to marked and sell Biodiesel. The complaint does not disclose any offence under Sections 420, 406 of IPC nor has the company been arrayed as an accused.
4. Learned counsel for the petitioner also states that it is purely a civil transaction being contractual in nature and no specific allegation in the Fir has been made except the fact that the petitioner assured the complainant for returning the amount. The concept of vicarious liability is not attracted in offences under the IPC even more so when the company has not been arrayed as an accused. The FIR is simply a coercive action and abuse of process of law.
5. Learned counsel for the petitioner further submits that the petitioner wants to submit a representation alongwith all the relevant documents before the concerned investigating authority.
6. Learned Public Prosecutor assures this Court that if the petitioner submits a representation along with all the necessary documents before the concerned investigating authority within a period of ten days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation.
(3 of 3) [CRLMP-4011/2017]
7. In light of the aforesaid assurance given by learned Public Prosecutor, the present misc. petition is disposed of with a direction to the concerned investigating authority that in case the petitioner submits a representation along with all the necessary documents before it within a period of ten days from today, then the same shall be considered and decided before completing the investigation, strictly in accordance with law and as per the assurance given by the learned Public Prosecutor. However, if during the investigation, the concerned investigating authority needs to arrest the petitioner, then the petitioner shall be given 15 days notice before making such arrest. The petitioner shall be at liberty to approach this Court again, in case need arises. It is made clear that the petitioner shall be required to join and completely co-operate with the investigation.
(DR. PUSHPENDRA SINGH BHATI)J. sudheer