R H KESWANI Vs. DESMET CHEMFORD ENGINEERING

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner. None appears for respondent No.1 though they areserved.

(2.) THE petitioner is challenging the issuance of process by the Additional Chief Metropolitan Magistrate 37th Court, Esplanade, Bombay in a case filed by the respondent No.1 under section 406 of the Indian Penal Code being Case No.372/S of 1994.

(3.) I have perused the complaint which is filed by one Jangoo M. Kutky on behalf of the Company. The complainant had executed a contract with the petitioner for the manufacture of Horizontal condensers which were required by the complainant - Company. In para 9 of the complaint, it is alleged that the accused raised disputes about the specifications by his letter dated 16/12/1993 and expressed his inability to comply with the order placed by the complainant - Company. The complainant in para 16 of the complaint further averred that the accused by his letter dated 14/3/1994 had appropriated certain amounts towards the cancellation charges though he was not entitled to do so in law as there was no provision for the same in the contract. It was alleged that, therefore, this misappropriation of the amount towards the cancellation charges amounted to an offence under section 406 of the Indian Penal Code.