JUDGEMENT

Order :- The petitioner, a Director of Messrs Foods, Fats and Fertilisers Limited, a company registered under the Companies Act, 1956, has filed this writ application for quashing the criminal proceeding instituted against him under Sec. 420 of the Penal Code by the opposite party.

2. The company specialises in the manufacture of special types of fats, fertilisers and especially of an oil made out of mango kernel. It needs a large quantity of mango kernels and acquires the same from various parts of the country through its agents and brokers. One Govindaram of Messrs Govindaram Nichaldas and Co., a company of brokers, acted as the commission agent of the petitioner. As per the allegations contained in the complaint petition, in the second week of September, 1978 the petitioner and Govindaram placed an order for supply of mango kernels at the rate of Rs. 750.00 per M. T. - F. O. R. Tadepalligudem (where the factory of the petitioner is located). It is alleged that the petitioner had assured the opposite party that the kernels could be booked under the Hundi covering approximately 70 per cent of their value and the balance 30 per cent would be paid after the goods reached the