CHARAN MEDICAL DEVICE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision is directed against the order dtd. 21/12/2009 passed in Crl.M.P.No.5550 of 2009 in Crime No.1201 of 2008 on the file of XIV Additional Chief Metropolitan Magistrate, Hyderabad, whereby and whereunder the learned Additional Chief Metropolitan Magistrate dismissed the application filed by the defacto-complainant under Sec. 204 (1) (b) Cr.P.C.

(2.) Back ground facts, in a nutshell, leading to filing of this Revision by the petitioner are:-

(3.) A report came to be presented by Mr.A.Kalyan Kumar, Chief Executive Officer of M/s.Charan Medical Devices, Banjara Hills, Hyderabad on 22/12/2008 at 23:30 hours alleging inter alia that their Company entered into an agreement with M/s. Biotronik Medical Devices India Private Limited, New Delhi and as per the agreement, they have to supply life saving products and payment has to be made after 90 days from the date of invoice. M/s. Biotronik Medical Devices India Private Limited demanded for bank guaranty from M/s. Charan Medical Devices and accordingly M/s. Charan Medical Devices had given bank guarantee for an amount of rupees one crore in Union Bank of India, Saifabad, Hyderabad. From the date of the agreement till 22/12/2008, M/s.Biotronik Medical Devices India Private Limited supplied the goods worth of Rs.3.22 crore to them. Subsequently, M/s. Charan Medical Devices came to know that M/s. Biotronik Medical Devices India Private Limited has over invoiced some products in their purchases. Several correspondences and communications went on between two companies. As on 22/12/2008, M/s. Charan Medical Devices requested with M/s.Biotronik Medical Devices India Private Limited to deduct the over invoiced amount from their payment and that M/s.Biotronik Medical Devices India Private Limited, without deducting the amount, claimed total invoice amount and thereby cheated the company.