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2006 Supreme(MP) 1044

AJIT SINGH
M. S. Banga – Appellant
Versus
Bhisham Singh – Respondent


Advocates:
Surendra Singh for petitioner; K.N. Fakhruddin with Aditya Sharma for respondent No. 1; Sudeep Deb, Government Advocate for State.

ORDER

1. This petition, under section 482 of the Code of Criminal Procedure, 1973, is for quashing the proceedings of Criminal Complaint Case No. 1791/2004 filed by the respondent No. 1 in the Court of Chief Judicial Magistrate, Seoni.

2. According to the respondent No. 1 he is an authorized agent of the Company, Hindustan Lever Limited (for short; "HLL") since 1.4.1991. There were smooth business dealings between them till January 1999. From 1.9.1999 the Company HLL introduced a new scheme whereby goods were supplied against demand drafts, pursuant to which he submitted demand drafts in the name of Company HLL to the value of Rs. 9,00,000/- but it did not supply him the goods. The grievance of the respondent No. 1 is that he and Narendra (PW 3) met the petitioners in Mumbai office, who are responsible for maintaining his accounts, and requested them either to return money or supply the goods but to no avail. The respondent No. 1, therefore, filed a criminal complaint on 25.10.2001 against the petitioners and 18 others for offences under sections 406 and 420 of the Indian Penal Code in the Court of Chief Judicial Magistrate, Seoni. Thereafter, statements of respondent No. 1 (PW 1), A


















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