LALAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The impugned complaint dated April 2 I, 1985 (Annexure: P-i) and the consequent summoning order of the Chief Judicial Magistrate, Faridabad, dated July 25, 1986 (Annexure: P-2) are sought to be quashed in this petition by Lalan Singh.

(2.) It is alleged in the complaint that the complainant-Company is engaged in the manufacture of gas-stoves, grillers and other allied products in Faridabad. At the instance of petition Lalan Singh-accused No.1, the complainant Company despatched goods worth Rs. 66,000/- to Patna through Jamshedpur Transport Corporation, accused No. 2. The documents of title were sent through Oriental Bank of Commerce. The agreed terms of the transaction of the sale were that the petitioner will pay the price of the goods to the Bank and then the aforesaid transport-company will deliver the goods to him. In violation of these conditions the transport-company delivered the goods to the petitioner although the latter did not pay the price to the Bank. Some other transactions were also made between the parties and some payments were made by the petitioner. Accounts were gone into on December 25, 1985 and it was found that a sum of Rs. 35,000/- and odd was outstanding against the petitioner. Some agreement was also arrived at between the parties according to which the petitioner promised the complainant-company to collect some gas- stoves and grillers from a number of dealers to return the same to the complainant-company. The petitioner, however, failed to do so.

(3.) The trial Magistrate, on the allegations contained in the complaint, supported by the preliminary evidence, summoned the petitioner under Section 406, Indian Penal Code.