VIJAY KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing of the complaint (Annexure P-1) and all subsequent proceedings arising out thereto. The petition arises out of the following facts :

(2.) THE petitioners are employees of Bata India Limited which is a company incorporated under the Companies Act, 1913 with its Head Office at Calcutta. The said company is a manufacturer of high quality footwear items and accessories and has its own retail shops and B.S.C. Franchised Stores located in different parts of the country for the sale of goods manufactured by it. It appears that on 6th July, 1990, the petitioners sold a pair of shoes vide Cash Memo No. 4415 (Annexure P-3) for Rs. 49.16 which was more than the printed price on the package. This led to the filing of the complaint Annexure P-1 on the ground that the sale of pair of shoes at a price in excess of the price given on the package was a violation of Rule 23(2) of the Standard of Weights and Measures (Packaged Commodities) Rules, 1977 (hereinafter referred to as, the Rules'). Aggrieved thereby the present petition has been filed.

(3.) NOTICE was issued in this case on 8th July, 1993 and the proceedings in the trial court were also stayed meanwhile. Despite the passage of almost three years, no reply has been filed by the respondent till today. On facts, therefore, the complaint remains unrebutted.