JANARDAN PRASAD GUPTA Vs. VIJAY KRISHAN UPADHYAYA

JUDGEMENT

(1.) These two applications have been filed under section 482 Cr. P.C. challenging the proceedings initiated by way of complaint giving rise to Criminal Case Nos. 594 of 1981 and 741 of 1981, both of which were pending in the court of Judicial Magistrate, Hathras district Aligarh.

(2.) Heard Sri Ratnesh Kumar Pandey, learned counsel for the applicants and Sri. A.K. Gupta, learned counsel for the opposite party.

(3.) Short facts are that the applicants in both the cases were having some business of selling oil in District Ballia while the applicants were so doing in Hathras and they have approached the opposite party at their premises for supply of certain tins of mustered oil. It is stated in the complaint that an agreement had been made, that if a Hundi is sent through the person carrying the goods they will retire the Hundi and take delivery of the goods. However the complainant states that the Hundi was sent straight to the applicants and he got delivery of the mustered oil tins and, then did not retire the Hundi through the bank. On these facts it was stated that an offence under section 420 IP.C. read with section 406 I.P.C. was made out. One further averment in the complaint is that the applicants had given introduction of Firm at Allahabad by showing a letter which did not appear to be genuine.