S.K.TRIPATHI, J. - (1.) HEARD learned counsel for the applicants and the learned A.G.A. for the respondent no. 2 and perused the record. None is present for the respondent no. 1.
(2.) THIS is an application under section 482 Cr.P.C. for quashing the proceedings of criminal complaint case no. 373/IX-1987 under sections 417/420 I.P.C., Sant Saran Gupta Vs. Dharmendra Singh and others pending in the court of Judicial Magistrate-Ist Class, Karvi, District Banda. The learned counsel for the applicants submitted that according to the allegations made in the complaint no criminal charge is made out and the dispute is of civil nature. The respondent no. 1 had given the dealership on the basis of an agreement and if any breach of the agreement was committed, the same does not constitute the offences under sections 415, 417, 418, 420 and 120-B I.P.C.
(3.) IT appears that the respondent no. 1, Sant Saran Gupta is the proprietor of Sant Agencies, Ganesh Bazar, Karvi. The applicant nos. 1 and 3 are the proprietor of the Hindustan Sales Corporation, Chandigarh and the applicant no. 2 is the Manager of the Hindustan Sales Corporation. An agreement between the applicants and the respondent no. 1 took place whereby the applicants agreed to appoint the respondent no. 1 as their dealer for supplying gas and the dealership continued for certain period and when the applicants stopped the supplies to the respondent no. 1, he contacted the applicants and any how get executed a fresh agreement and the dealership thereafter continued on the basis of the fresh agreement. But again, the applicants committed breach of the agreement and failed to supply despite taking security money of Rs. 10,000/-. In this way, the applicants committed forgery and cheated the respondent no. 1.;