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1981 Supreme(Bom) 263

N.K.PAREKH
Nityanand A. Shetty – Appellant
Versus
Vikram Jayantilal Bangdiwala & another – Respondent


JUDGMENT - N.K. PAREKH, J.:---The petitioner in this matter is the original accused in case No. 108/S of 1980 on the file of the Court of Metropolitan Magistrate, 22nd Court, Andheri, Bombay (for brevity's sake the petitioner herein is referred to as "the accused"). Being aggrieved by the proceedings in the said case, the petitioner has filed the present petition for quashing and/or setting aside the said proceedings.

2. It is the case of one Vikram Jayantilal (for brevity's sake hereinafter referred to as "the complainant") that he carries on business in the firm name and style of Bharat Distributors. That his firm deals in oils. That on the 3rd of July, 1980 he received a telephone-call from the accused. That the accused told him that he was an officer from the Indian Airlines and that the complainant should supply 200 tins of Postman Brand Refined Groundnut Oil to the Indian Airlines Canteen. That the accused had agreed to make payment for the goods against delivery. That on the 4th of July 1980, he, the complainant supplied 109 tins. That on the 10th of July, 1980 he supplied another 91 tins. That on the 10th of July, 1980 he, the complainant furnished a consolidated bill for 20














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