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1956 Supreme(All) 384

V. D. BHARGAVA
State of U. P. – Appellant
Versus
Sri Hiralal Chowdhary – Respondent


Advocates appeared:
K.L. Misra, General, For the Appellant / A.P. Pandey, For the Respondent

JUDGMENT

V.D. Bhargava, J. - This is an application for leave to appeal to the Supreme Court against my order dated 7-3-1956 by which I had held that the Bareilly court had no jurisdiction so far as the proceedings under Sections. 406, 408 and 409 IPC were concerned. As regards the charge u/s 420 IPC I was of opinion that it would not be in the public interest to allow a prolonged criminal trial for a purely civil claim and, therefore, I had quashed the proceedings.

2. The facts giving rise to these proceedings, in brief were that there was a firm Messrs. Hira Lal Debi Pd. Ltd. having their head office at Calcutta of which opposite party No. 1 was the Managing Director and opposite parties Nos. 2 to 4 were its Directors. The Indian Turpentine and Rosin Company, Bareilly (hereinafter called the Bareilly Company) which at present is being managed by the State were manufacturing turpentine and rosin. On 23-5-1919 Messrs. Hira Lal Debi Pd. (hereinafter called the Calcutta firm) were appointed the selling agents for a year by the Bareilly Company and this agreement was renewed by another agreement on 15-7-1950. The quantities were to be allotted and goods were to be despatched by the Bare

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