KISHOREBHAI J TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners have filed this petition under Section 482 of the Code of Criminal Procedure praying for quashing and setting aside the proceedings in Criminal Case No. 3101 of 2002 (being M Case No. 1 of 2002 investigated by Navsari Rural Police Station) being originally Inquiry Case No. 15 of 2002 filed in the Court of 3rd Joint Civil Judge (J. D.) and JMFC, Navsari.

(2.) IT is the case of the petitioners that the petitioner is Partnership Firm duly registered under the provisions of the Indian Partnership Act and carrying on business of supply of optical material and machinery and the opponent No. 2 is in the business in the name and style of the Proprietorship concern in the name of Happy Optics. The petitioners had reserved a stall at In-optics 2000 Exhibition at New Delhi in March 2000 and installed machinery for display and demonstration. The opponent wanted to establish an optical laboratory and required machinery and tools for the same. The opponent required optical machinery being RX Lab for Glass and CR 39 Lenses which was invoiced under Invoice No. 137 dated 21. 03. 2001 for gross value of Rs. 15,66,180/ -. The opponent also required optical goods (consumables) as per Invoice No. 136 dated 21. 03. 2001 of the gross value of Rs. 1,24,702/ -. The petitioners sent several reminders for payment of balance lastly concluding a written reminder under letter dated 01. 10. 2001. On the other hand, the complainant issued notice dated 27. 09. 2001. The applicants thereafter filed Summary Suit No. 5305 of 2001 for an amount of Rs. 12,17,189/- in the Court of City Civil, Bhadra, Ahmedabad on 07. 11. 2001. On behalf of the opponent, appearance was filed on 20. 12. 2001. Affidavit in support of the summons for judgment came to be filed on 21. 12. 2001. The matter was thereafter posted on different dates i. e. 10. 01. 2002, 07. 03. 2002, 18. 04. 2002, 17. 08. 2002. The leave to defend affidavit was not filed by the opponent in the said Summary Suit.

(3.) THE opponent thereafter filed Inquiry Case No. 15 of 2002 for offence under Section 406, 420, 114 of Indian Penal Code wherein the learned 3rd Joint Civil Judge (J. D.) and JMFC, Navsari has passed an order directing the Investigating Officer to make investigation under Section 156 (3) of the Criminal Procedure Code. Thereafter the report was filed by the Navsari Rural Police Station as M case No. 1 of 2002 and thereafter charge-sheet was filed on 06. 06. 2002. The petitioners apprehending their arrest approached the Sessions Court for anticipatory bail which came to be granted by order dated 18. 05. 2002 passed in Criminal Misc. Application No. 194 of 2002 and thereafter regular bail was granted. The petitioners thereafter filed the present petition before this Court contending therein that the complaint filed by the opponent is absolutely illegal, malicious and it is nothing but a mere counter blast. Since the petitioners have already filed Summary Suit against the respondents.