KRISHNA NARAIN GARG Vs. MAHABIR AGENCIES

JUDGEMENT

(1.) THIS is an application under Section 482 Cr. P. C. to quash an order dt. 15. 3. 1983 passed by C. J. M. , Barabanki, whereby the applicants have been summoned to stand trial for an offence under Section 420 read with Section 34 IPC on the basis of a complaint lodged by opposite, party No. 1.

(2.) OPPOSITE party No. 1 M/s Mahabir Agencies of Barabanki is a proprietorship firm of Banshi Dhar carrying business of supplying handloom fabrics to customers; they have a store house at Delhi for supply of the goods to the customers. Applicant No. 4 Jai Narain Garg's wife is applicant No. 5 Smt. Dayawanti. Applicants Nos. 1 and 3 Krishna Narain Garg and Raj Narain Garg are sons of Jai Narain Garg. Applicant No. 6 Smt. Manju Devi is the wife of a third son of Jai Narain Garg. Applicant No. 7 Smt. Mamta Garg is the wile of applicant No. 1. Applicant No. 2 Kaushal Kishore Pandey and Applicant No. 8 Kapil Deo Sharma are the employees of the other applicants.

(3.) THE relevant facts, stated in the complaint dt. 24. 2. 1983 (Annexure-2 to the petition), are that in February 1982 Applicants Nos. 1 and 2 approached opposite party No. 1 at Barabanki and represented that Applicant Nos. 1 and 3 to 7 are Partners/directors of three Firms belonging to them, styled as Oriental Art Industries, Globe Linkers, Pvt. Ltd. , and Rajendra Exports all carrying on business at Delhi for export and import of goods. On that visit, the applicants Nos. 1 and 2 placed orders for supply of goods worth Rs. 64,345/-to them through bills in the name of Globe Linkers Private Ltd. which opposite party No. 1 did and received the full payment. There is no dispute in respect of that transaction.