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1980 Supreme(Ker) 269

U.L.BHAT
Kanhayalal Baid – Appellant
Versus
Rajkumar Agarwal – Respondent


Judgment :-

The 3rd accused in C.C. No. 63 of 1980 on the file of the Judicial I Class Magistrate, Cochin, has filed this petition under section 482 of the Cr.P.C. (for short the Code) to quash the proceedings.

2. The respondent herein filed a private complaint which was taken on as C.C. No. 63 of 1980 by the Judicial First Class Magistrate, Cochin. Four persons were shown as accused in the complaint. The 1st accused is the proprietor of Western Carriers, which is described as a common carrier in this petition. The Head Office is at Calcutta. The 2nd accused is the Manager of the Calcutta Office of the Carrier. The 3rd accused is the Manager of Cochin Office of the Carrier and the 4th accused is the New Delhi Manager of the Carrier. The allegations in the complaint can be summarised as follows : The complainant entrusted certain goods shown in the schedule (13 consignments, two of which were entrusted on 13-9-1977 and the rest on 10-1-1978) at Cochin to the 3rd accused for carriage a safe delivery against presentation of consignee copies of Lorry Receipts at New Delhi by the consignees. The Carriers are bound in law to deliver the cargo on surrender of the consignee copies of lorry









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