HALONEX LIMITED Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rajul Bhargawa, learned counsel for the applicants, Sri Abhijit Banerjee for opposite party no.2 and the learned AGA for the State.

(2.) By the present application under Section 482 Cr.P.C., the applicants have sought for quashing of the proceedings of complaint case no.806 of 2012, pending in the Court of Additional Chief Judicial Magistrate, Court No.10, Agra, under Section 406 IPC.

(3.) A perusal of the record reveals that the opposite party no.2 filed a complaint against M/s. Halonex Limited (applicant no.1), hereinafter referred to as the Company, alleging therein that the complainant is the proprietor of M/s. Shiv Enterprises, which was a distributor of the Company, for the city of Agra. It is alleged that the Company is a producer and distributor of electrical equipments, like CFL and tube lights, etc. under the distributorship agreement, there used to be a warranty for the products of 18 months from the date of its production and of 12 months from the date of its sale. It has been alleged that so long the distributorship agreement was in operation, the customers of the products, in case of any defect, could get the same replaced from the Company and in normal practice such replacements took place within 30-40 days.