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2005 Supreme(SC) 105

B.N.SRIKRISHNA, K.G.BALAKRISHNAN
Kailash Verma – Appellant
Versus
Punjab State Civil Supplies Corporation – Respondent


Judgment

K.G. Balakrishnan, J.—Leave granted.

2. These appeals are preferred against the judgment of the learned Single Judge of the High Court of Punjab & Haryana. Brief facts of the case are thus.

3. A crime was registered against the appellant alleging that he committed the offences punishable under Section 406 and 428 of the Indian Penal Code. The appellant was a partner in a firm consisting of two partners, and the other partner, Zahir Ahmad, was the second accused before the Chief Judicial Magistrate. The appellant and Zahir Ahmad were running a rice mill by the name, Jagdamba Rice Mills. Under the policy of the State Government, the Civil Supplies Corporation entrusted the paddy to M/s Jagdamba Rice Mills for de-husking. There was an agreement between the firm and the corporation in terms whereof the firm was to supply advance rice to the corporation. As per the complaint of the Civil Supplies Corporation, the Jagdamba Rice Mill failed to supply the advance paddy due to the corporation. According to the corporation, about 1440 tons of rice was outstanding against the firm. Based on the complaint of the corporation, a case was registered and a report was filed before the Additio









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