S.M.SONI
SURESH KUMAR GUPTA – Appellant
Versus
STATE – Respondent
( 1 ) ). This application is directed against the order of investigation under S. 156 (3) of the Code of Criminal Procedure, 1973 (code for short) and to quash the charge-sheet submitted by the Police on completion of the investigation.
( 2 ) ). Respondent No. 2 had filed a complaint against the petitioner and two others on 21-3-1995 in the Court of J. M. F. C. , 3rd Court, Bhavnagar.
( 3 ) ). Facts alleged to constitute offences are as under :- respondent No. 2 - complainant is the Commission Agent in vegetables, in particular onion, at Market Yard of Bhavnagar. Petitioner used to purchase onion from respondent No. 2 on credit and every time lump sum payment was made. From the allegation in the complaint, the sale was on credit for a month or so. On 21-1-1994 petitioner purchased onion of the value of Rs. 27,31,739. 00. Petitioner had paid Rs. 19,94,322. 52 against the same and the balance of Rs. 7,37,417. 51 remained due. According to the respondent No. 2, despite repeated demands, false promises to pay were given. Petitioner came to Bhavnagar from Kanpur on 10-3- 1995. When he went to the shop of respondent No. 2, he made a demand for the balance due. Petitioner di
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