AVON TRADING COMPANY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 16 dated 03.04.2001 under Section 406, 408, 409 Indian Penal code registered at Police Station Vigilance Bureau Jalandhar District Jalandhar at the behest of respondent No. 3 as well as for quashing of report under Section 173 Cr.P.C.

(2.) Facts of the case, in brief, are that the petitioners are partners in firm M/s Avon Rice Trading Company, Qadian and were running the business of milling of paddy belonging to government Agencies and paddy procured by them. This business was started by the petitioners in the year 1989 and wound up in the year 1998. A written agreement was executed between petitioner No. 2 on behalf of petitioner No. 1 and respondent No. 3 on 10.10.1995 and the date was later changed to 13.10.1995. In view of the above mentioned agreement, 22.153.95 quintals of paddy fine and 8,537.75 quintals of paddy common (IR8) were allotted to the firm for custom milling by respondent No. 3 for milling and was stored in the premises of the petitioners.

(3.) It is admitted in the notice dated 23.06.1997 that 8537.75 quintals of common paddy and 22,153.95 quintals of fine paddy were stored with the firm for custom milling, out of which rice of fine quality of the entire above paddy allotted to the petitioners firm were received by respondent No. 2 as per the agreement and that only 4771.93 quintals rice of paddy common for the crop year 1995-96 was still undelivered.