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1997 Supreme(P&H) 1273

S.C.MALTE
Prem Chand Goyal – Appellant
Versus
M/s Monika India – Respondent


Judgment

S.C.Malte, J.

1. The accused/petitioner has filed this petition under Section 482 of the Code of Criminal Procedure and sought the quashing of the complaint Annexure P-1 and order Annexure P-9 by which the accused were summoned by the trial Court.

2. Annexure P-1 is the copy of the complaint. It is filed by respondent No. 1 against the petitioner as accused No. 1 in that complaint. The respondent had entered into an agreement with the business establishment M/s Vinay Industries which was a sole proprietorship concern of accused No. 1 at the relevant time when the said agreement dated 2.4.1984 was executed between the parties. As per that agreement, accused 1 as proprietor of M/s Vinay Industries agreed to supply to the petitioner-firm synthetic waste which was to be imported by accused 1 from Taiwan. At a later stage the terms of the agreement between these two persons, would be referred by me to the extent these are material. The accused 1 accordingly imported the synthetic waste. However, the delivery of that synthetic waste was held up by the Customs Department on the issue of payment of the charges known as CVD and the custom duty. The accused 1 raised a contention rega













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