LAWS(UTN)-2007-9-16

TARUN KUKREJA Vs. STATE OF UTTARANCHAL

Decided On September 18, 2007
Tarun Kukreja Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) BY way of this petition under Section 482 Cr.P.C., the petitioners have prayed for quashing the proceedings of Criminal Complaint Case No. 479 of 2003 (Old No. 1913 of 2001), Smt. Saroj Mehta Vs. Tarun Kukreja & others pending in the court of Judicial Magistrate - 1st, Dehradun. Brief facts giving rise to this petition as per the petition are that the petitioner's company are the registered companies under the Companies Act from 1955 and these companies are manufacturing units of different kinds of furniture. The petitioner No. 1 is the Director of M/s De Bono Flexcom (I) Ltd. And the petitioner No. 2 is the Director of M/s Delite Kom Ltd. The respondent No. 2 is also doing the business of furniture under the name and style of M/s Mehta Handicrafts. Therefore, a contract arrived at between the petitioners and the respondent No. 2 with regard to the supply of the furniture. However, subsequently some dispute arose between the parties and the respondent No. 2 filed a complaint against the petitioners before the court of Judicial Magistrate - 1st, Dehradun under Section 420, 120B I.P.C. The court below summoned the petitioners have challenged before this Court by way of this petitioner under Section 482 Cr.P.C.

(2.) HEARD Sri Sandeep Tandon, learned counsel for the petitioners, Sri Vinod Sharma, learned counsel for the respondent No. 2 and perused the record.

(3.) THEREAFTER , paragraphs No. 16 and 17 of this notice are also relevant which are reproduced as below: -