SHYAMRANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of Criminal Procedure Code, 1973 and Article 227 of the Constitution of India by the petitioner challenging the order of issue of process passed by the Judicial Magistrate first Class, Gondia in Criminal Case No. 197/88 on 26-10- 1988. The process was issued on a complaint filed by Respondent No. 2 M/s. Chunnilal Nanjibhai against the petitioner and Respondent No. 3. It was the case of the complainant Respondent No. 2 that the petitioner and Respondent No. 2 entered into a contract in the year 1986 under which the Respondent No. 2 was to manufacture bidis and pack them and label them with the packing and the labelling material to be supplied by the petitioner. The case was that inspite of this contract, when the Respondent No. 2 manufactured as many as over 5,00,000 bidis, the petitioner failed to supply the packing and labelling material to enable the Respondent No. 2 to despatch them to the destinations directed by the petitioner. He further alleged that instead of supplying the labelling and the packing material to the Respondent No. 2, the petitioner supplied it to respondent No. 3, who knowing full well the obligations of the petitioner under the contract towards respondent No. 2 accepted the assignment. The Respondent No. 2s complaint was under Section 406 read with 34 of Indian Penal Code.

(2.) THE learned Magistrate after recording the verification and perusing the copy of the Agreement entered into between the petitioner and Respondent No. 2, issued process under Section 406 read with Section 34 of the Indian Penal Code.

(3.) AGGRIEVED by this order, the petitioner approached the Sessions Judge, Bhandara by Criminal Revision Application No. 5/89. The learned Additional Sessions Judge by his order dated 8-3 -1990 dismissed the petition and directed the Parties to appear before the learned Magistrate and despatched the record and proceedings to that Court. It is this order of issue of process, confirmed by the Additional Sessions Judge that has been challenged in this petition under Section 482 of the Criminal Procedure Code and Article 227 of the Constitution of India.