M C FILLS ENTERPRISES Vs. NAVSHESH MAHAJAN

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 561 -A of the Code of Criminal Procedure, seeking quashing of proceedings initiated by learned Judicial Magistrate First Class, (Forest Magistrate) Jammu, vide his order of November 21, 2006 in issuing process against the petitioners under Section 420 RPC on respondent no. 1s complaint.

(2.) I have gone through the compliant and statement of respondent no. 1 recorded on oath, in which the real grievance projected appears to be regarding non -execution of agreement by the petitioners for appointing respondent no. 1 as Super Stockiest of MCFILLS Enterprises despite receipt of an amount of Rs. 8 lacs and non -payment of the full amount claimed by him as cost of the expired products, and the charges payable to him in terms of petitioners letter of January 28, 2006.

(3.) IN order to appreciate the submissions of learned counsel for the parties as to whether a case for issuance of process had been made out by respondent no.1 against the petitioners, perusal of paragraph no. 15 of the compliant becomes necessary. This paragraph reads thus: -