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1984 Supreme(All) 243

KAMLESHWAR NATH
Krishna Narain Garg – Appellant
Versus
Mahabir Agencies – Respondent


KAMLESHWAR NATH, J.

( 1 ) THIS is an application under Section 482 Cr. P. C. to quash an order dt. 15. 3. 1983 passed by C. J. M. , Barabanki, whereby the applicants have been summoned to stand trial for an offence under Section 420 read with Section 34 IPC on the basis of a complaint lodged by opposite, party No. 1.

( 2 ) OPPOSITE party No. 1 M/s Mahabir Agencies of Barabanki is a proprietorship firm of Banshi Dhar carrying business of supplying handloom fabrics to customers; they have a store house at Delhi for supply of the goods to the customers. Applicant No. 4 Jai Narain Gargs wife is applicant No. 5 Smt. Dayawanti. Applicants Nos. 1 and 3 Krishna Narain Garg and Raj Narain Garg are sons of Jai Narain Garg. Applicant No. 6 Smt. Manju Devi is the wife of a third son of Jai Narain Garg. Applicant No. 7 Smt. Mamta Garg is the wile of applicant No. 1. Applicant No. 2 Kaushal Kishore Pandey and Applicant No. 8 Kapil Deo Sharma are the employees of the other applicants.

( 3 ) THE relevant facts, stated in the complaint dt. 24. 2. 1983 (Annexure-2 to the petition), are that in February 1982 Applicants Nos. 1 and 2 approached opposite party No. 1 at Barabanki and represented that Appl


























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