R C AGARWAL Vs. JAGDISH PRASAD SAIGAL

JUDGEMENT

(1.) G. P. Mathur, J. This petition under Section 482, Cr. P. C. has been filed for quashing the proceedings of Criminal Case No. 10 of 1992.

(2.) THE complaint Jagdish Prasad Saigal filed a criminal complaint against applicant before the court of Metropolitan Magistrate, Gwaltoli, Kanpur on the grounds inter alia, that he carried on business in Dyes and Chemical in Kanpur. THE accused-applicants are officer of New Victoria Mills, a Unit of National Textile Corporation (U. P.) Ltd. , Kanpur and accused applicants No. 1 is stores purchase officer and places order for supply of raw materials to various dealers. THE complainant supplied some articles, details of which are given in para 2 of the complaint to New Victoria Mills on different dates but the payment of the same had not been made to him. It is further alleged that the goods were supplied to the accused on telephonic and written assurance that the payment would be made within the time given in the purchase order but the accused have entered a to a conspiracy with a common intention to cheat the com plainant for the goods supplied to them. According to the complainant, his capital to the extent of Rs. 40,000 had been blocked. THE complaint was registered as Criminal Case No. 10 of 1982 and the learned Magistrate passed a summoning order fixiag 20-3-1982 for me appearance of the accused. THE accused have been summoned under Sections 429/120-B, I PC.

(3.) FOR the reason mentioned above the present petition succeeds and is hereby allowed. The proceedings of Criminal Case No. 10 of 1982 pending in the Court of Metropolitan Magistrate, Gwaltoli, Kanpur are quashed. Petition allowed. .