MUKESH RAMANLAL GOKAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application u/s. 482 of the Criminal Procedure Code has been preferred seeking the relief to quash the criminal complaint being C.R. No. I-481/2004 registered with Shaherkotda Police Station and consequential proceedings initiated in pursuance of the filing of said complaint.

(2.) THE petitioner no.1 is the Proprietor of M/s. Hallmark Industries, which is a proprietary firm, having its Office at Mumbai, whereas, petitioner no.2 is the son of petitioner no.1 and is involved in the business in the capacity of Manager of the proprietary firm. Respondent no.2 is a Public Ltd. Company having its Office at Ahmedabad and engaged in the business of manufacture of fabrics. In early 2004, a business agreement was arrived at between the petitioners and respondent no.2-Company, in pursuance of which the petitioners placed Purchase Orders with respondent no.2-Company for the supply of fabrics.

(3.) MR. Nanavaty learned counsel for respondent no.2-original complainant submitted that the petitioners committed criminal breach of trust by not abiding by the terms an conditions of agreement entered into between them. The petitioners did not make payment of the entire amount in spite of repeated requests and therefore, respondent no.2 had no other alternative but, to file the complaint in question. He, therefore, submitted that this Court may not exercise its inherent powers in favour of the petitioners by quashing the complaint. Learned APP adopted the submissions made by MR. Nanavaty on behalf of respondent no.2-Company.