BHAGWAN DASS SHARMA Vs. VIJAY KUMAR JAIN

JUDGEMENT

(1.) BHAGWAN Dass Sharma, the petitioner, has filed the present petition under Section 482 of the Criminal Procedure Code, 1973, for the quashment of the complaint, annexure P-1, and the summoning order, annexure P-2, and further proceedings arising out of the same, as being wrong, illegal, and an abuse of the process of law.

(2.) THE complaint, annexure P-l, was filed by Vijay Kumar Jain, alleging himself to be the sole proprietor of V. P. Oswal Hosiery Factory, B. IV-633 (old) B. V-233 (new), Wait Ganj/chowk Saidan, Ludhiana and Rajdhani Interstate Transport Company Regd. having its registered office at 4128, Second Floor, Naya Bazar, Delhi, and against one of its branch offices at Iqbal Ganj, Ludhiana. The title of the complaint would show that the complainant, Vijay Kumar Jain, was not certain as to who was the managing director, director, secretary, principal officer or any other officer in charge of the affairs of the company at Ludhiana. The allegations need not be quoted of the complaint which was filed under Sections 406 and 420 of the Indian Penal Code, but suffice it to mention that, vide order dated September 15, 1995, the learned Magistrate after recording the preliminary evidence came to the conclusion that there are grounds to presume that both the respondents have committed an offence punishable under Sections 406 and 420 of the Indian Penal Code, and both the respondents through its local booking clerk/transport operator/any other person responsible for the conduct of the business and management of the company were summoned.

(3.) I have heard Shri A. S. Kalra, advocate, on behalf of the petitioner and Shri Sunil Chadha, advocate, on behalf of the respondents.