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1974 Supreme(All) 148

HARI SWARUP
P. M. NATARAJAN – Appellant
Versus
KRISHNA CHANDRA GUPTA – Respondent


JUDGEMENT

1. This is an application under Section 561-A, Criminal Procedure Code, moved by the applicant for quashing the proceedings pending in the court of the Munsif Magistrate, Fatehabad on the basis of a complaint for an offence under Section 417, Indian Penal Code. The complainant, as partner of a firm of commission agents, filed the complaint on the following allegations. That the accused who is a merchant and commission agent carrying on business at Palghat in Keral, placed an order with the complainant for purchase of 220 quintals of Pea pulse, and for despatching the same to the accused at Palghat. The complainant quoted the price and after its having been accepted by the accused, purchased the goods and despatched them through the railway. The Hundis were sent through the State Bank of India and the railway receipts were also sent with the same. They were to be delivered to the accused on payment of the price of the goods. The accused did not honour the Hundis and did not take delivery of the goods. The complainant made every effort to make the accused pay the amount, but he did not do so, and as in the mean time the market had gone down, the complainant suffered a loss t














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