CHEERAN ABRAHAM VARGHESE Vs. MAULVI AB HAMID

JUDGEMENT

(1.) On a complaint, filed by the respondent herein, the learned Chief Judicial Magistrate, Shopian has taken cognizance of offences under Ss.420 and 419 RPC and issued process to the petitioner and to one V.K. Gupta, a co-accused. Through the medium of this petition, the proceedings as also the order issuing process against the petitioner and said V.K. Gupta is prayed to be quashed u/s. 561-A Cr. P.C.

(2.) Complainant alleges that he is the owner of an orchard which is spread over land measuring 22 acres and 7 kanals at village Chitragham. Complainant is maintaining this orchard Scientifically and he annually incurs an expenditure of Rs. 60,000/- to Rupees 70,000/- on its maintenance. Due to his efforts the fruit bearing trees of the said orchard are free from all infectious diseases like scab.

(3.) The petitioner herein, who is accused, is manufacturer of an insecticide, called Foltaf, which is meant for spraying on the fruit bearing trees so as to save the trees from contacting scab Disease. In connection with the sale of his product, accused No. 2 (V.K. Gupta) is said to have approached the respondent on behalf of the petitioner and induced him to purchase the insecticides prepared by the petitioner's company. The said insecticide is said to have been adulterated and ineffective. When the said insecticide was sprayed on the respondent's orchard, the orchard as completely taken over by the scab disease and entire fruit of the orchard is said to have been spoiled causing loss of rupees three lacs to the respondent.