QUARK CITY INDIA PVT. LTD. Vs. S. RAKSHIT

JUDGEMENT

(1.) FEELING aggrieved against the impugned orders dated 2.11.2010 passed by the learned Additional Sessions Judge, SAS Nagar, Mohali (Annexure P -11), whereby revision petition of the petitioner against the order dated 1.5.2009 (Annexure P -10), dismissing the complaint of the petitioner without summoning the accused, was dismissed, upholding order passed by the learned trial court, petitioner has approached this Court by way of instant petition under Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short), for setting aside the impugned orders.

(2.) SHORN of detailed background, it would suffice to note basic facts which are necessary for disposal of the present case. Petitioner -company issued a legal notice dated 10.8.2007 (Annexure P -5) to the respondent, claiming an amount of Rs. 15,39,979/ -, on account of alleged excess payment made by the petitioner to the respondent, towards sale consideration of electrical panels supplied by the respondent to the petitioner. Respondent -firm submitted its reply to the legal notice, vide Annexure P -6, refuting the claim of the petitioner and put a counter claim for the balance payment of Rs. 2,52,064/ -. Thereafter, petitioner filed complaint No. 431/15/11/2007 (Annexure P -7). Petitioner -complainant led its preliminary evidence.

(3.) NOTICE of motion was issued and pursuant thereto, respondent filed its reply. Thereafter, petitioner filed its replication to the written statement filed on behalf of the respondent. Later on, respondent placed on record as many as 34 documents, at page 89 to 146 of the paper book, for perusal of this Court.