NAURATAN MAL DAGA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under Section 482, Cr.P.C. has been filed to quash the proceedings of complaint case No. 39 of 1994 Rajiv Gupta v. Nauratan and others under Sections 420 and 120-B, I.P.C. pending in the Court of IVth Addl. Chief Judicial Magistrate, Meerut and the orders passed in that case.

(2.) The complaint was filed by opposite party No. 2 which is Annexure-1 to the petition in which it was alleged that he is the manager of M/s. Mithlesh Handloom Factory which supply cloths to the dealers; that the revisionists who are resident of Alipur Dwar in West Bengal were known to the complainant from before and used to visit the premises of the complainant. On 11-3-1992 they visited the premises of the complainant and seen the clothes and booked order No. 491 and agreed to pay the price within two months of the receipt of the goods; that the goods were, therefore, supplied by the complainant during the period from 21-3-1992 to 31-3-1992. However, the revisionists did not pay the sale price in spite of promises to pay; that, therefore, it appears that the revisionists had mala fide intention from very beginning.

(3.) The learned Magistrate recorded the statement under Section 200, Cr.P.C. of the complainant and summoned the revisionists to stand trial under Sections 420 and 120-B, I.P.C. The revisionists appeared and filed objections which were rejected by the learned Magistrate on 30-6-1997. Against that order, the revisionists preferred Criminal Revision No. 214 of 1997 which was rejected on 6-1-2000 by the VIIth Addl. District Judge, Meerut without hearing the counsel for the petitioners. Therefore, this petition has been preferred.