M.K.Mittal, J. - (1.) Heard Sri Abhishek Tripathi, learned counsel for the applicants, Sri R.K. Mishra, learned counsel for the opposite party No. 2, learned A.G.A. and perused the record.
(2.) Application under Section 482 Cr.P.C has filed to set aside the Criminal Complaint case No, of 2002 pending in the Court of A.C.M.M.-II, Kanpur Nagar
(3.) Brief facts are that the opposite party No, 2 filed a complaint against the applicants alleging that there was business transaction between the parties, On 24.4.1999 at about 11.30 a.m. accused No. 2 asked the complainant for supply and entrustment of the clothes of different varieties as per his need, requirement and choice in the presence of the witnesses and induced the complainant to have trust on him and assured that he would pay the amount under the subject deal without any delay or default and also requested the complainant that he wanted to take the clothes in 5-6 instalments in the span of two months and would finally clear up and pay the total amount in the lust week of June 1999 and expressed his inability that due to some personal problem he was not capable to pay or clear up the amount till third week of June 1999. The complainant having been induced by the clear and specific assurances as well as the words of honour given by accused No. 2 and also keeping in mind to keep and maintain cordial relation, entrusted him the clothes on the vary same day as well as on subsequent occasions when the accused No. 2 visited the complainant.;