R G PATIL Vs. OM PRAKASH

JUDGEMENT

(1.) The accused applicants office bearers of Hindustan Lever Ltd, Mumbai have filed this petition u/s. 482, Cr. P.C. for quashing and setting aside the complaint filed by the non-applicant No. 1 in the Court of Judicial Magistrate First Class, Mhow, under Sections 120B and 420 of I.P.C.

(2.) Briefly stated the facts of the case are that on 17th February 1913. non-applicant No. 1. Omprakash who carries on the trade of shopkeeper in Mhow purchased 10 sealed tins of four kg. or the Dalda Vanaspati manufactured by Hindustan Lever Ltd. Company Rs. 28.70 per tin. It is stated that on each of the tins the net weight of the contents was mentioned as 4 kgs, It is also alleged that the weight of the empty tin of the same lot weighed about 440 gms. It is further alleged that on the request of the customer when the alleged tins purchased from the shop of firm Pannalal Kannihalal of Mhow the other non-applicant who is the dealer for selling of the said Dalda Vanaspati manufactured by the Company on being weighed it is found that the total weight of the tins including the container purchased in all the cases was less than 4.440 kgs. On the said facts it is stated that in each of the tins purchased by the complainant about 300 gms of Vanaspati Ghee was found less than the net weight mentioned on the sealed tins. It is also stated that the aforesaid facts were brought to the knowledge of the Distributing Firm and the. Salesman of the Company. The said person did not respond on the complaint of the complainant. On the aforesaid facts, non-applicant No.1 on 24-2-1973 has filed a complaint against the applicants as also the Distributor and the Salesman of the Company alleging that all the accused persons have conspired to defraud the public by selling less quantity of Vanaspati Ghee than the net weight mentioned on the sealed tins and prayed for taking action under Sections 120B and 420, I.P.C. against the alleged accused persons.

(3.) The learned Magistrate, on the basis of the statements recorded under Sections 200 and 202, Cr. P.C. as also the other material on record registered a criminal case against the appellants and the other non-applicants for the offences punishable under Sections 420/34 of I.P.C. vide order dated 13-9-1973 and issued summons against the accused persons for their appearance in the Court. On appearance, the applicants have filed application under Section 245(2) of the Cr. P.C. praying for the discharge of the accused persons and closing of the criminal case. The said application was dismissed by the learned Magistrate by order dated. 1-9-1997 and rejected the prayer of the applicants. Aggrieved by the said order of the Magistrate a Revision Petition No. 307/1997 was filed In the Court of Additional Sessions Judge. Mhow which was also dismissed vide order dated 18-11-1997. Aggrieved by the said orders of the JMFC Mhow and. A.S.J. Mhow the applicants have filed this application under Section 482 of the Cr. P.C. for quashing of the criminal complaint filed against the applicants and the other accused persons and also for quashing and setting aside the orders impugned of the learned Magistrate and the A.S.J. Mhow.