9911796707
TMI Blog2007 (9) TMI 714X X X X Extracts X X X X X X X X Extracts X X X X ..... Sales Tax Rules. The Second respondent herein filed a complaint petition alleging commission of offence under Section 427, 384 and 420/34 of the Indian Penal Code, inter alia, holding: That it is not out of place to mention here that the company at the time of agreement so took place between complainant and Hindustan Lever got signed of the complainant over certain plain and printed papers saying that there are the formality of the organization, which is required to be fulfilled as such if the company try to take any advantage from the said papers the same would not be binding upon the complainant, as the complainant was not made aware from the contents of the alleged documents and the signatures of the complainant do not come within th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing: Admittedly, the petitioners were the carrying and forwarding agents of the Company and in that capacity they perhaps were instrumental in forwarding the articles to the complainant. They cannot escape from the liability of undergoing criminal proceedings. So far as the Petitioners' contention on the dispute being a civil one is concerned, I am unable to agree with the assertions since from the facts made out a definite criminal liability is made out. 4. Mr. Siddarth Luthra, learned Counsel appearing on behalf of the appellant in support of this appeal, submitted that no case for issuance of summons had been made out even if the allegations contained in the complaint petition are given their face value and taken to be cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he supplier may take recourse to the remedies provided for under the Rules. 8. Section 23, 24 and 415 of the Indian Penal Code read as under: Section 23 - Wrongful gain Wrongful gain is gain by unlawful means of property which the person gaining is not legally entitled. Wrongful loss .-- Wrongful loss is the loss by unlawful means of property to which the person losing it is legally entitled. Gaining wrongfully, losing wrongfully.--A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of the said form ex-facie cannot give rise to commission of any offence. If the appellant or their principal were obligated to act under a statute and failed to perform their duties as indicated hereinbefore, as the statute itself provides for a remedy, ordinarily the same is required to be taken recourse to. In any event, the second Respondent could have filed a suit for damages. There cannot be any doubt or dispute whatsoever that an offence can be committed even if the parties had entered into a commercial transaction. In Rajesh Bajaj (supra) this Court held so. But it is equally well settled that the allegations contained in the complaint petition must, prima facie, show inducement of the victim by the accused by making a represe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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