PRABHAKAR VITHAL NALWADE Vs. PRABHU KHEMCHAND KARAMCHANDANI

JUDGEMENT

(1.) THIS writ petition is filed for quashing the proceedings initiated against petitioners on the basis of the complaint made by the respondents before Civil Judge, J. M. F. C. at ulhasnagar being Cri. Case No. 769 of 1976.

(2.) ACCORDING to the complaint of respondent, petitioners Nos. 1 and 2 are brothers, they are carrying on business under the name and style of m/s Pravin Stores, near Mutton Market, on kalyan/ambernath Road, Ulhasnagar-3, they are also having business of retail selling of wine, biscuits, confectionery etc. According to the complainant they made him believe that they have got distribution rights of the Britania Bread, cadhbury Fry and Kissan Products and they have also represented to the respondents that they were thinking of transferring the agencies of Britania breads, Cadhbury Fry and Kissan Products. They were prepared to transfer their agencies if the respondents advances loan of Rs. 60,000/- to Rs. 70,000/- for which they are willing to pay the interest. Accordingly respondents have advanced the amount of Rs. 60,000/- and as per the agreement between the parties, five post dated cheques amounting to Rs. 99,000/- have been issued by the petitioners in favour of the respondents. The allegation in the complaint is that they have violated this agreement and did not honour the cheques. With these allegations, respondent filed complaint before the Magistrate, and the learned magistrate issued process against the petitioner on 10-2-1976 taking cognizance of offence punishable under sections 406 and 420 of Indian penal Code read with section 34 and issued warrant.

(3.) IT is the contention of the petitioner before this Court that during the trial the respondents tried to produce certain agreement alleged to have been executed between the petitioner and respondents and objection was raised on behalf of the petitioner that those documents were liable to be impugned under the provisions of the Stamp Act. On the basis of this objection no order has been passed by the learned magistrate and the matter lingered indefinitely. In the meantime, suit has been filed by the respondent against the petitioners before Civil judge, Sr. Division, Thane as Special Civil Suit no. 631 of 1988 and the said suit is pending.