AUGUSTINE Vs. OMPRAKASH NANAKRAM

JUDGEMENT

(1.) Petitioner, who is the accused in C.C. 1093/1997 before the Metropolitan Magistrate's Court No. 16, Ahmedabad, filed this petition invoking S.482 Cr.P.C. for quashing the above complaint and the further prosecution proceedings thereon pending against the petitioner.

(2.) Respondent herein filed the complaint C.C. 1093/97 before the Metropolitan Magistrate's Court, Ahmedabad, alleging the commission of offences under S.406 and 420 IPC. The allegations in the complaint were that the complainant was doing wholesale business on cloth in Ahmedabad and the petitioner (accused) had purchased cloths on credit as per two bills dated 31.7.96 for Rs. 16,016.50 and Rs. 18,827.00. The goods covered by the above bills had been delivered by the complainant to the accused, the petitioner, who was doing textile business at Ernakulam. Petitioner had taken the goods on 30 days credit and the value of the goods had to be paid within a period of 30 days. The petitioner was purchasing cloth from other firms also and had not made payments and the complainant had come to know that the petitioner had lessened his business and had sold clothes at reduced price and had not returned the amount due to the claimant and thus the petitioner had committed offences under S.420 and 406 IPC.

(3.) Heard the learned counsel for the petitioners and the respondent.