B K BIRLA Vs. P N AGARWAL

JUDGEMENT

(1.) THIS application by the accused in Criminal Case No. 47/s/89 of 1989 (33/misc. 189), pending in the Court of the learned Metropolitan Magistrate, 7th Court, at Dadar, Bombay is for quashing the proceedings in which the learned Metropolitan Magistrate ordered issue of summons under Section 409 read with Section i20-B of the Indian Penal Code. The Petitioners Nos. 1 to 4 are the Directors of Century Textiles and Industries Ltd. who is the petitioner No. 5. The petitioner No. 5 is hereinafter referred to as the Company. The respondent No. 1 is the complainant who holds one share in the company.

(2.) THE proceedings initiated by the respondent No. 1 on his complaint are not only frivolous but are vexatious and oppressive and designed to harass the petitioners. As the conduct of the respondent to which I will make a reference a little later will reveal the respondent is a cantanketous, quarrel some, unreasonable person given to making irresponsible accusations. His complaints should not be accepted at the face value, but should be scrutinised carefully.

(3.) THE material facts set out by the respondent No. i in his complaint on the basis of which he urges that the petitioners have committed the offence of conspiracy to commit criminal breach of trust and the offence of criminal breach of trust, are these: