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1991 Supreme(P&H) 199

G.S.CHAHAL
Ess Bee Food Specialities – Appellant
Versus
Kapoor Brothers – Respondent


Judgment

1. This criminal miscellaneous u/S. 482 of the Code of Criminal Procedure has been brought by M/s Ess Bee Food Specialities, Village Saidpura (near Dera Bassi), District Patiala, petitioner-1 through its Managing Partner Baljinder Singh, Petitioner-2 and partner Jagpal Singh, petitioner 3 for quashing of the complaint dated 22-12-1989, Annexure P1 u/S. 138 of the Negotiable Instruments Act (for short the Act) and S. 406/470, IPC, the subsequent proceedings and the impugned orders, Annexures P2 and P3.

2. The impugned complaint was brought by M/s Kapoor Brothers Roller Flour Mills, Panchkula (respondent firm herein) u/S 138 of the Act, read with Ss. 406/420, IPC. The respondent-firm pleaded therein that it was a registered partnership-firm, carrying on business of running a flour mill. It supplies flourmill products. In December 1988, petitioner 2 approached the respondent-firm for the supply of Maida on regular basis, on credit and this offer was accepted. It was agreed that the payment shall be made within 10 days of the date of supply of the Maida as per the bill. Interest at the rate of 23% per annum was to be charged if the payment was not made within the stipulated per




















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