Kundan Singh, J. - (1.) This revision is directed against the orders dated 3.5.1993 passed by the Munsif-Magistrate, Ranikhet, district Almora in Criminal case No. 167 of 1993. By the first order dated 3.5.1993 he has summoned the accused-applicants under Section 420 read-with Sec. 120B, I.P.C. while by the order dated 8.9.1993 he has directed issue of fresh process to the accused as the summons issued earlier were not received after service.
(2.) According to the allegations made in the complaint, on the basis of some oral agreement between the parties the accused-applicants agreed to purchase metal powder, a product of respondent Company, and the payment was to be made through bank builty but the applicants in collusion with the Transporters took delivery of the consignment directly from the transporter and not through bank and in this way they deceived the respondent No. 2 for a sum of Rs. 1704487.64. The complainant Company examined the Director of the Company Shri Gopal Ji Mehrotra under Sec. 200 Cr.P.C. and two witnesses under Sec. 202 Cr. P.C. The Magistrate finding a prima-facie case made out against the accused-applicants has summoned them by means of the order dated 3.5.1993 under the aforesaid Sections. Primely it is against that order that they have come up to this Court in the above revision.
(3.) The contention of the learned counsel for the applicants was that there was a deal of sale and purchase of some commercial goods between the parties, which was a matter of accounting, and if the applicants had committed any breach of that contract, no criminal prosecution could be launched and the learned Magistrate has committed an error of law in summoning the accusedapplicants under Section 420 read-with Sec. 120B I.P.C. In support of that contention he cited the following reported decisions: (i) K. Periasami v. Rajendran (ii) Ratanlal Sharma & Ors. v. Mangeram Ghanshyamdas & Anr. (iii) Abdul Rahim v. Inspector of Police (iv) Dadasabab Babu Sahab Naik & Ors. v. State of Mah. (v) Radharaman Salim v. Trilochana (vi) Ram Niwas & Ors. v. Zafar Abbas & Anr. (vii) Vidya Dhar v. State7 Alok Pd. Jam & Anr. v. Add. Munsif Magistrate & Anr. (ix) Mohd Raji v. State (x) Han Pd. Chamaria v. Bishun Kumar Surekha & Anr.;