SHANKER ENTERPRISES KANPUR Vs. RAM SOLVENT EXTRACTIONS PVT LTD
HIGH COURT OF UTTARAKHAND
Shanker Enterprises Kanpur
Ram Solvent Extractions Pvt Ltd
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(1.) By means of this petition, moved under Section 482 Cr. P. C. , a prayer has been advanced to quash the proceedings of criminal case no. 419 of 2008 (old no. 1833/2008), titled as Sri Ram Solvent Vs. M/s Shanker Enterprises, pending before the court of Judicial Magistrate, Kashipur, District U. S. Nagar. Learned Magistrate took cognizance u/s 420 IPC and asked M/s Shanker Enterprises, through its owner Girish Chandra Pandey, to stand trial for the said offence.
(2.) Having heard learned counsel for both the parties, it transpires that the respondent Sri Ram Solvent Extractions Pvt. Ltd. is a firm based at Jaspur whereas the petitioner's firm is situated at Kanpur city, Uttar Pradesh. As per the allegations of complaint, Girish Chandra Pandey came to Jaspur on 3.4.2008 and entered into an agreement to supply 50 quintals of 'Neem Oil' to the respondent's firm worth Rs. 2.40 lakhs. A Cheque in this regard was also issued to him drawn at Bank of Baroda, Branch Jaspur which was got encashed by Girish Chandra Pandey on the same day.
(3.) Later on, as per the promise, when the oil was not delivered by the petitioner's firm to the respondent's firm, this complaint was launched for the offence of Sections 420/406 IPC. Learned Magistrate, after recording the statements of the complainant as well as of his two witnesses, passed the impugned order of cognizance only for the offence of Section 420 IPC.;
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