V.S. SASIDHARAN Vs. NAND KISHORE PARIHAR

JUDGEMENT

(1.) - This is a petition under Section 482 of the Code of Criminal Procedure for quashing the criminal complaint filed by Nand Kishore Parihar alleging offences under Sections 406 and 409, Indian Penal Code,

(2.) THE complainant, Nand Kishore Parihar, is Manager (Sales) in Pawan Tyres Ltd., Ludhiana. The said Company is engaged in the business of manufacture and sale of bicycle and auto tyres and tubes at Ludhiana. The petitioner- accused was appointed as an agent for the State of Kerala for the purposes of promoting the sales of the products of the Company. Goods were despatched to the petitioner-accused from time to time on F.O.R. consignee basis. The petitioner-accused was required to keep the goods in his godown and was responsible for its safe custody. He was to get commission @ 5 per cent on the sale price of the goods sold by him to the customers. Several consignments were sent to the accused. On December 23, 1987, the Company came to know that the petitioner-accused had sold goods worth Rs. 4,78,562.78 but did not remit the payment and utilised the same.

(3.) THE Judicial Magistrate, Ludhiana recorded the statements of five witnesses under Sections 200 and 202, Criminal Procedure Code, and thereafter summoned the accused by order dated March 14, 1991.