NAGESH JOSHI Vs. KANDHARI BEVERAGES PVT. LTD.

JUDGEMENT

(1.) NARESH Joshi-petitioner seeks quashing of the complaint Annexure P.1 and the summoning order Annexure P.2 passed by the learned Judicial Magistrate in the complaint filed under Section 420 IPC by M/s. Khandhari Beverages Pvt. Ltd.

(2.) M /s. Khandhari Beverages Pvt. Ltd.-complainant placed an order for the purchase of 125 K.V. diesel Generator set, comprising of Kirloskar Commissions (Cumins ?) Engine, Model No. NTC-4950 coupled with Kirlosker Alternator 125 KVA mounted on suitable heavy base frame with standard accessories as suitable control panel, fuel tank and batteries with lead and sum of Rs. 1,10,000/- was paid vide receipt No. 44 dated April 28, 1994 issued by Naresh Joshi, the accused, now petitioner. The case put forth by the complainant is that the accused acted fraudulently and dishonestly to induce the complainant to deliver the cheque of Rs. 1,10,000/- as he knew that he was not in a position to deliver the diesel generator set, within one week.

(3.) I have heard Mr. Sanjeev Sharma, learned counsel for the petitioner and Mr. D.D. Sharma (Verma ?), learned counsel for the respondents.