Amar Singh Chauhan, J. - (1.) Heard Shri Dinesh Tiwari, learned counsel for the applicants, Sri K.K. Arora, learned counsel for the o.p. no. 2 and learned A.G.A. for the State.
(2.) The applicants through this application moved under Section 482 Cr.P.C. before this Court have invoked inherent jurisdiction of the Court with prayer to quash the complaint case no. 2016 of 2011 (Messers Big B. & Sons Vs. Messers Sunshine) under Section 406 I.P.C. P.S. Hapur Kotwali, District- Hapur (Panchsheel Nagar) pending in the court of Additional Chief Judicial Magistrate, Hapur (Panchsheel Nagar) and as well as for quashing the summoning order dated 01.09.2011 passed by the learned Magistrate.
(3.) The brief facts which are requisite to be stated for adjudication of this application are that complaint was filed with the allegation that complainant's firm does business of purchase and sale of utensils from opposite party no. 2 (present applicant). Shri Bajrang Sharma representative of accused's firm came at the firm of complainant on 20.11.2010. The complainant placed order for 5 tons stainless steel utensil @ Rs. 82 per kg. on which Shri Bajrang Sharma directed the complainant for payment of amount of earlier order and the amount of present order on which the complainant informed to Shri Bajrang Sharma that on 22.11.2010 he will deposit the amount in account of the firm through RTGS and on 02.12.2011 the complainant deposited Rs. one lac in the account of firm through RTGS. On 06.12.2010 Bajranj Sharma came at the complainant's firm and asked for Form 38 for sending goods but at that time the Form 38 was not available to the complainant. The complainant informed him that he will supply the Form 38 on 07.12.2010. On 7.12.2010, he supplied the Form 38 to Shri Bajrang Sharma. After receipt of Form 38, the partner of accused's firm informed Bajrang Sharma that the price of goods are rising. On 07.12.2010 Shri Bajrang Sharma left Hapur for Moradabad and did not send the utensils. In this way, Rs. 1,57,974/- of the complainant is due on the accused firm which is clear from the Bank's statement and due to rise of price of stainless steel utensils from Rs. 82 per kg to Rs. 102 per kg, the complainant is entitled to the sum of Rs. 2,57,974/- from the accused's firm. After recording the statement under Section 200 Cr.P.C. and accepting the documentary evidence under Section 202 Cr.P.C. learned Magistrate on being satisfied issued process against the applicants.;