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1998 Supreme(Kar) 8

MOHAMED ANWAR
INDIA BREWERY AND DISTILLERY LTD. – Appellant
Versus
SHAW WALLACE AND COMPANY LTD. – Respondent


Advocates:
C.V.NAGESH, E.R.G.NAIDU, G.L.VISHWANATH, M.S.BHUJANGA RAO

( 1 ) THE three petitioners herein are accused Nos. 1 to 3 in C. C. 8080/95 before the learned Magistrate who have sought for quashing of entire criminal proceedings therein against them initiated on the private complaint of respondent presented before the learned Magistrate under Sec. 200, Cr. P. C. alleging commission of offences punishable under Secs. 405, 415 and 420 of I. P. C. They have also challenged the order dated 5-4-1995 of the learned Magistrate taking cognizance of the offence under Secs. 406 and 420, IPC against them on the said complaint and directing issue of process to them.

( 2 ) THE petitioners are hereinafter referred to as 'a1', 'a2' and 'a3' and the respondent is henceforth called the 'complainant'.

( 3 ) A few facts emerging from the material on record giving rise to this petition are as under :the complainant and accused are involved in the trade of liquor. Under Ex. P2 contract dated 17-6-1992 entered into between them it was agreed by A1 that he shall manufacture and sell for the complainant Indian Made Foreign Liquor ('imfl' for short) under the brand and trademark of the complainant concern. The further terms of the contract are that the expenses incurr


















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