TUSHARBHAI TULSIDAS TANNA Vs. RAJESH BUDHALAL MEHTA

JUDGEMENT

(1.) THE present proceeding is initiated by respondent no.1 herein by filing criminal complaint against the present applicants. The material parties in this case have entered into one agreement on 26/07/2004, whereby the present applicant was to supply 6,400 metrictonnes of castorseeds to the original complainant at the price agreed upon between the parties in the agreement. It is the say of the complainant that in pursuance of the agreement with the applicant, he has paid Rs.2,26,25,625/ while the applicant supplied castorseeds of Rs.38,50,000/ only. It is the say of the complainant that the goods of castorseeds supplied by the applicant was of not agreed quality but was of inferior quality. It is further say of the complainant that despite repeated requests to the applicant to supply goods as per the agreement, the applicant has failed to supply the same. In the agreement, provision was also made about the godown rent, insurance, payment of interest etc. The dispute between the parties had led filing of the cross civil suit by them. Pending the civil proceedings, the present complaint came to be filed by the complainant before the Metropolitan Magistrate, Ahmedabad. The said complaint was registered as Criminal Case No.2122 of 2007. The applicant herein, inter alia, prays for quashing of complaint/criminal case No.2122/2007.

(2.) HEARD Mr. Anshin Desai, learned advocate for the applicants, Mr. Ashish Dagli, learned advocate for the respondent no.1 and learned A.P.P. Mr.Shah for the State.

(3.) MR . Dagli, learned advocate for the respondent no.1 submitted that at this stage the Court has only issued process against the applicant and it is too early to say whether any criminal offence is committed or not? Mr. Dagli, learned advocate for the respondent no.1 submitted that the complainant has paid to the applicant Rs.2,26,25,625/ and as against that, he has received only goods of Rs.38,50,000/. It was submitted that the substantial amount is due from the present applicant and therefore, the Court should not interfere in criminal case filed by the complainant at this stage. It was also pointed out that the civil suit filed by the applicant is dismissed by the trial Court. Mr. Dagli, learned advocate for the applicant submitted that the question of jurisdiction is a mixed question of law and fact. Therefore, the complaint cannot be quashed at this stage on the ground of jurisdiction.