AMRIT LAL CHOPRA Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1997-6-9
HIGH COURT OF HIMACHAL PRADESH
Decided on June 23,1997

AMRIT LAL CHOPRA Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

- (1.)The abovenoted two petitions have been made by the Petitioner, Amrit Lal Chopra, under Section 482, Code of Criminal Procedure read with Article 227 of the Constitution of India for the quashing of FIR No. 189/93 dated 27-91993, Police Station, Sadar, Nahan and the consequential proceedings pending before the Special Judge (Sessions Judge), Nahan, and the Chief Judicial Magistrate, Nahan.
(2.)Briefly stated, the facts of the case leading to the present petition are these. The Petitioner is the sole proprietor of the firm M/s Kala Niketan The Mall, Shimla. This firm is the duly authorised dealer of M/s Binny Limited, a company incorporated under the Indian Companies Act and engaged in the manufacture of Textiles.
Tenders were invited by the Controller of Stores, Government of Himachal Pradesh, for the award of rate contract in respect of the supply of Terrycot cloth (khaki) In pursuance of such invitation, M/s Binny Limited submitted its tender dated 14- 8-1992. Though M/s Binny Limited had quoted the rate of Rs 69.50P per metre for the terrycot khaki cloth as per their sample No. B/l/92, it appears through subsequent negotiation, the rate was agreed and approved at Rs. 65 per metre. The necessary agreement came to be entered into between the Government of Himachal Pradesh through Controller of Stores and the Petitioner acting as Service Agents for M/s Binny Limited on 9 -4-1993, whereby the latter agreed to supply Terrycot khaki cloth as per the sample B/l/92 at the rate of Rs. 65 per metre inclusive of Excise Duty and Sales Tax. As per the terms the composition (blend) of Terrycot fabric was:
JUDGEMENT_71_TLHPH0_1997_1.html
(3.)In pursuance to such rate contract, the Superintendent of Police, Sirmaur at Nahan, on 1-9-1993, placed an order with the Petitioner in his capacity as the service agent of M/s Binny Limited for the supply of 1500 metres of Terrycot khaki cloth. The cloth was supplied by the Petitioner vide bill dated 6-9-1993. The total cost of 1500 metres of cloth being Rs. 97,500 The cloth so supplied did not conform to the sample on the basis of which rate contract was awarded. It was substandard.


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