LAWS(APH)-2000-6-69

PEARL BEVERAGES LIMITED Vs. STATE OF ANDHRA PRADESH

Decided On June 19, 2000
PEARL BEVERAGES LTD. Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This is an application filed under Section 482 of the Code of Criminal Procedure (for short "the Code") to quash the first information report No. 72 of 1999 registered against the petitioners herein under Section 420 of the Indian Penal Code on the file of Gopalapuram Police Station, Secunderabad, Andhra Pradesh.

(2.) It may be necessary to notice a few relevant facts before adverting to the question as to whether this Court can quash the very first information report in exercise of its jurisdiction under Section 482 of the Code.

(3.) The second respondent herein filed a complaint under Section 200 read with 190(1) of the Code in the Court of the Xth Metropolitan Magistrate at Secunderabad. In the said complaint, it is inter alia alleged that the respondent-complainant is dealing with the supply of electrical generators and also dealing in electrical contracts like installation, wiring, fixation etc. Accused No. 1 is the company and accused No. 2 is the Chairman of the company representing the company. The third accused is stated to be the Director (finance) of the company. It is alleged that the accused on 11-12-1996 gave a contract to the complainant herein worth Rs. 60 lakhs for the purpose of installation, fixation and other electrification works at Guntur. It is alleged that the complainant on different occasions, during the pendency of the work, received altogether a sum of Rs. 42,00,000.00 from the accused and a balance of Rs. 18,00,000.00 was due to be paid to the complainant.