GLAXO INDIA LTD. AND OTHERS Vs. INDER RAM

JUDGEMENT

(1.) The petitioners seek questions of complaint dated 27.9.2000 (Annexure P.1) filed under Sec. 420 of the Indian Penal Code read with Sec. 120B Indian Penal Code by Inder Ram, respondent-complainant against the petitioners-accused and the summoning order dated 9.2.2001 (Annexure - P.9) passed by the Additional Chief Judicial Magistrate, Kurukshetra and the subsequent proceedings taken.

(2.) On 1.7.2000, Inder Ram, complainant visited the premises of Kurukshetra Stockists Amit Pharmaceuticals, Salarpur Road, Kurukshetra (petitioner No. 5) and purchased medicine for sheep, namely Zanil 1000 ml. (Oxyclozanide oral Suspension) B-P (Vet.) Batch No. S.W. 001 with manufacturing date of July 1999 and expiry date of June 2002 @ Rs. 305.90 per bag bottle vide receipt No. 1507 dated 1.7.2000 for Rs. 2,080.00. Subsequently, the complainant found that weight as informed by petitioner No. 5 of all the bag bottles was not accurate as there was difference of 1.158 grams per 1000 gram in one bottle, 0.922 gram in other bottle, 0.956 gram in third bottle and 0.892 gram in fourth bottle including the weight of the empty bottle. In this manner the complainant had noticed that the accused played fraud upon him for which a legal notice dated 6.7.2000 was sent to the petitioners by him. Reply dated 11.7.2000 was received wherein it was stated that the aforesaid medicine had been manufactured by petitioner No. 3 and was purchased by petitioner No. 5 from petitioner No. 4, who had marketed the same.

(3.) In support of the allegations made in the complaint, Inder Ram appeared as PW-1 and tendered documents, copy of the bill as Ex. C1, legal notice Ex. C.2, reply Ex. C.3 and photographs Ex. C.4 and Ex. C.5. On the basis of evidence led by the complainant, the learned Additional Chief Magistrate, Kurukshetra, as per order dated 9.2.2001 found sufficient ground for proceeding against the petitioner-accused under Sec. 420 read with Sec. 120B Indian Penal Code It is under these circumstances, the complaint and the summoning order have been sought to be quashed by way of this petition.