JAGANNATH CHINAS Vs. HAWKINS COOKERS LTD

JUDGEMENT

(1.) THE revisional application has been filed for quashing the proceeding being Case No. C/1093 of 1994 pending before the Metropolitan Magistrate, 14th Court, Calcutta. The petitioners are carrying on business of utensils under the name and style as 'M/s. China Stores.' A criminal case was instituted against them by one Sri P.K. Basu, Manager, Administration of Medicos Agencies being representative of M/s. Hawkins Cookers Ltd. on 28.6.94 alleging that the petitioners went to the office of the opposite party on 5.9.91 and placed two orders on behalf of M/s. China Stores for supply of Hawkins Pressure Cookers and requested the complainant to despatch the said goods through a Transport Company namely 'M/s. Associated Roadways.' Accordingly, the O.P. sent the Pressure Cookers valued at Rs. 1, 24,497/ - through the Transport Company as a self consignment. It has been alleged that the Opposite Party came to know that the petitioners did not release the consignment note from the Bank on payment and ultimately the Bank returned the documents to the Opposite Party. The Opposite Party instructed the Transport Company by letter dated 28.12.91 to bring back the goods. On 5.6.92 the Transport Company informed the complainant that the goods were delivered to the petitioners. A Lawyers letter was sent to the petitioners for realisation of money and the petitioners replied that they did not place any order and as such did not receive any goods.

(2.) THE learned Magistrate after taking cognizance of the offences and after examination of complainant and witnesses issued process against the present petitioners under section 411/120B, I.P.C. and also under section 407 under the remaining accused. The petitioners appeared and were released on bail.

(3.) IT has been alleged that the complaint is not maintainable, that no offence under section 411/120B, I.P.C. have been made out, that it is apparent from the initial deposition that the goods were not received by the petitioners, that no witness was examined from the Bank and no release order was produced before the Magistrate. The dispute is of a civil nature. The alleged incident took place on 5.9.91 and the complaint was filed at a much later dated on 28.6.94 which shows that the complaint is motivated.