KARAN KHEM PHARMA Vs. CHANDRAVARDHAN ORGANICS PVT LTD

JUDGEMENT

(1.) Heard both sides.

(2.) In this petition under Section 482 of Cr.PC, the proceedings in CCNo.830 of 1996 on the file of Vth Metropolitan Magistrate, Hyderabad, in which petitioner is arrayed as accused No.3 are sought to be quashed.

(3.) The relevant facts are as follows: The complainant is a company registered under the provisions of the Companies Act with its registered office at Sholapur, Maharashtra. They are engaged in the business of supply and sale of drugs and Pharmaceuticals. Accused No.1 is a proprietary firm by name M/s. Mala Impex Pharama situated at Hyderabad. Accused No.2 Ms. Mala Jain is the proprietor of the accused No.l firm. Accused No.3 M/s. Karan Khem Pharma is firm a represented by its authorised signatory Mr. Raj Karan. Accused Nos.1 and 2 are the customers of the complainant who place an order through accused No.3 on 15-4-1998 to the complainant company for purchase of 100 kgs., of Norfloxacin. The total bill amount of Rs. 1,80,000/- was to be paid within 15 days. The complainant delivered the goods to accused No.l. After receiving the goods, accused No.2 on behalf of accused No. 1 issued a cheque for Rs. 1,80,000/- which includes cost of the material and excise duty payable.