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1986 Supreme(J&K) 63

G.A.KUCHHAI
Ahmed Ali Khatai – Appellant
Versus
Sheikh Gh. Qadir – Respondent


Advocates Appeared:
Advocate For Appellant: C.M. Koul
Advocate For Respondent: R.N. Kaul

1. This petition u/s 561-A Cr P. C has been presented by the accused/petitioners to quash proceedings u/s 406/420 RPC pending before Chief Judicial Magistrate Srinagar against the petitioners at the instance of respondent/complainant.

2 The complaint before the Chief Judicial Magistrate, Srinagar against the petitioners has been filed by the respondent with the allegation that the petitioners carry on business under the name and style of KHATAI SONS South India, Cochin having their sub-branch at Doulatabad, Nowpora, Srinagar. That the respondent used to supply embroidered numdas to the petitioners on order and an amount Rs. 24,651.85 remained in arrears with the petitioners. It is further alleged that in August, 1981, the petitioners approached the respondent-complainant to supply more goods in the shape of Numdas which the respondent-complainant, in the first instance declined to supply for non-payment of earlier amount kept in arrears but on the assurance of accused-petitioners that amount of arrears and for the goods to be supplied, will paid by them to the extent of 50% on the Invoice amount on receipt of goods by the transporters and rest of 50% on receipt of goods. On this ass
















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