Palok Basu, J. - (1.) This application under Section 482, Cr. P. C. has been filed by K. C. Kalia and Indra P. Choudhry challenging the process issued by the C. J. M. Aligarh, in Criminal Case No. 1432 of 1982 whereby they have been summoned under Sections 406/420, I.P.C.
(2.) It appears that a complaint was filed by Krishna Kumar Navman against the two applicants which has become case No. 1432 of 1982 in the Court of the C. J. M. Aligarh alleging therein, inter alia, the following facts.
(3.) The complainant was a reputed shop of exercise books and copies in Aligarh. He deposited Rs. 50,000/- as security with the accused applicants for supplying various goods. After getting the said deposits as security the applicants did not honour the orders. On several occasions the money was demanded as well as security was sought to be refunded but that was also not done. On some occasions letters were written and notices were served. It is stated in paragraphs 10 and 11 that some wrong bills were shown in order to adjust the accounts which was wrongly maintained by the applicants. It is detailed as to how, according to the complainants, a sum of Rs. 11809/- would remain outstanding against the said bill. From these facts the complainant concludes that the applicants had malintentions from the very beginning when they obtained the security from the complainant and their intentions being always bad they should be tried under Sections 406/420, I.P.C. by the Sessions Judge.;