FIRM AHMAD ALI KHATAI Vs. SHEIKH GH QADIR

JUDGEMENT

(1.) This petition under S.561-A, Cr.P.C, has been presented by the accused/petitioners to quash proceedings under S.406/420, RPC pending before Chief Judicial Magistrate Srinagar against the petitioners at the instance of respondent/ complainant.

(2.) The complaint before the Chief Judicial Magistrate, Srinagar against the petitioners has been filed by the respondent with the allegation that the petitioners carry on business under the name and style of KHATAI SONS, South India, Cochin having their sub-branch at Doulatabad, Now pora, Srinagar. That the respondent used to supply embroidered Numdas to the petitioners on order and an amount Rs. 24,651.85 remained in arrears with the petitioners. It is further alleged that in August, 1981, the petitioners approached the respondent-complainant to supply more goods in the shape of Numdas which the respondent-complainant, in the first instance, declined to supply for non-payment of earlier amount kept in arrears, but on the assurance of accused-petitioners that amount of arrears and for the goods to be supplied, will be paid by them to the extent of 50% of the Invoice amount on receipt of goods by the transporters and rest of 50% on receipt of goods. On this assurance of the petitioners the respondent was induced to supply Numdas on 12-8-81, and 24-8-81 through NATCO Roadways, valuing at Rs. 1,34,109.00. That the petitioners out of the arrears of Rs. 24,651.85 paid only Rs. 20,000/- by cheque and for the fresh supplies they paid only Rs. 25,000/- on 12-10-1981. After that no amount was paid to the complainant/ respondent. The petitioners-accused, in fact, had intention to deceive the complainant-respondent from the beginning, therefore, induced him by deceitful means to supply the goods, cost of which has been appropriated, by the petitioners to their own use.

(3.) On presentation of this complaint, learned Chief Judicial Magistrate, after holding enquiry issued process under S. 420, R.P.C. against the petitioners/accused who have presented this revision to quash the proceedings pending against them before the C.J.M, Srinagar.