TaxTMI 
TaxTMI 
2022 (7) TMI 1487
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....rict - Lucknow, the State of U.P. as well as the original informant have preferred the present appeals. 2. The facts leading to the present appeals in a nutshell are as under: For the sake of convenience, the parties are referred as per the cause title in Criminal Appeal No. 840 of 2022 filed by the State of U.P. That the Respondent No. 4 herein M/s. United Breweries Limited is engaged in manufacture of sale of beer which is regulated and governed by the Excise Act and other relevant Clause of the State. Respondent No. 5 - M/s. Beehive Alcoveb is the licenced Firm having F.L. 2B licence, engaged in the business of beer etc. by purchasing the goods from the company, Respondent No. 5 - Sanjeet Jaiwal - original informant of FIR No. 260 of 2018, Manager of the company - M/s. Beehive Alcoweb. On 07.09.2018 at 7.56 p.m. Respondent No. 5 sent a demand order at 7.56 p.m. and on 11.09.2018 through e-mail for delivery of three trucks of beer to Respondent No. 4 - M/s. United Breweries Limited and transferred a total sum of Rs. 92,98,902/- to deliver two trucks in Lucknow and one in Varanasi. The Respondent No. 4 directed its transporter SICAL Logistics Limited Company to arrange a veh....
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....ide the impugned summoning order dated 13.02.2019 passed in Criminal Case No. 5694/2019, Case Crime No. 0260/2018, Under Section 406, 420, 467, 468, 471, 120-B Indian Penal Code, Police Station-Husainganj, district Lucknow. (ii) set aside the impugned charge sheet dated 10.02.2019, filed by the Investigating Officer in Case Crime No. 0260/2018, Under Section 406, 420, 467, 468, 471, 120-B Indian Penal Code, Police Station-Husainganj, District-Lucknow. (iii) set aside the entire proceedings of the Case Crime No. 0260/2018, Under Section 406, 420, 467, 468, 471, 120-B Indian Penal Code, Police Station-Husainganj, District-Lucknow. 2.2. By the impugned judgment and order the High Court in exercise of powers Under Section 482 Code of Criminal Procedure has quashed the entire criminal proceedings including the charge-sheet and the summoning order arising out of Criminal Case No. 5694 of 2019 (arising out of Case Crime No. 260 of 2018 PS - Husainganj, District - Lucknow). 2.3. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court quashing the criminal proceedings and the summoning order passed by the learned Trial Court i....
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....hat while passing the impugned judgment and order and quashing the criminal proceedings the High Court has not properly appreciated and considered various aspects of the case and the complicity of the Accused have not been considered. 4.7. It is submitted that two whole trucks loaded with beer went missing and the beer bottles was not found. There was no recovery or seizure of the goods concerned. It had come during investigation that there were other such instances of disappearance of trucks loaded with beer bottles. It is submitted that there is a syndicate operating with the connivance of the Accused persons. 4.8. It is submitted that the manner in which the trucks loaded with beer bottles went missing and the modus operandi adopted, in such a serious matter but the High Court has quashed the criminal proceedings; that the High Court has exceeded its jurisdiction while exercising the powers Under Section 482 Code of Criminal Procedure. 4.9. It is submitted that while quashing the criminal proceedings in exercise of powers Under Section 482 Code of Criminal Procedure the High Court has conducted a mini trial which as such is not permissible while exercising the powers Un....
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....sponsible for the missing of the trucks loaded with beer after the same were dispatched from their company. It is submitted that in fact the Respondents - original Accused delivered the goods to the transporter namely SICAL Logistic and in turn hired two trucks. It is submitted that it was the SICAL Logistic who arranged the vehicles to deliver goods to the informant. It is submitted that thereafter the goods have been delivered. It is also found by the High Court that there was no loss caused to the Excise Department. It is submitted that the main grievance/dispute by the informant was with respect to the rebate and therefore with a mala fide intention, the FIR was lodged. That so far as the rebate is concerned, no allegation was made in the FIR. Therefore, in the facts and circumstances of the case the High Court has not committed any error in quashing and setting aside the criminal proceedings, as it was nothing but an abuse of process of law. Relying upon the decision of this Court in the case of Ch. Bhajan Lal (supra); Indian Oil Corporation v. N.E.P.C. India Ltd. and others-reported in (2006) 6 SCC 736; Rajiv Thapar (supra) and Jetking Infotrain Ltd. v. State of U.P., (2015) ....
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....HPA International and Ors., (2000) 2 SCC 13 that "a long delay in delivery of the judgment gives rise to unnecessary speculations in the minds of the parties in a case". 7. Having gone through the impugned judgment and order passed by the High Court by which the High Court has set aside the criminal proceedings in exercise of powers Under Section 482 Code of Criminal Procedure, it appears that the High Court has virtually conducted a mini trial, which as such is not permissible at this stage and while deciding the application Under Section 482 Code of Criminal Procedure. As observed and held by this Court in a catena of decisions no mini trial can be conducted by the High Court in exercise of powers Under Section 482 Code of Criminal Procedure jurisdiction and at the stage of deciding the application Under Section 482 Code of Criminal Procedure, the High Court cannot get into appreciation of evidence of the particular case being considered. (See Pratima (supra); Thom (supra); Rajiv (supra) and Niharika (supra). 7.1. Applying the law laid down by this Court in the aforesaid decisions to the facts of the case on hand and the manner in which the High Court has allowed the pet....