REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2048 OF 2008

(Arising out of SLP (Crl.) No.1491 of 2007)

V.Y. Jose & Anr.

… Appellants

Versus

State of Gujarat & Anr.

…

Respondents

J U D G M E N T

S.B. Sinha, J.

1.

Leave granted.

2.

This appeal is directed against a judgment and order dated 4.12.2006

passed by the High Court of Gujarat at Ahmedabad dismissing an

application filed by the appellants herein under Section 482 of the Code of

Criminal Procedure.

3.

Appellant No.1 is a partner of a partnership firm known as M/s.

Premionics (hereinafter referred to as ‘the firm’ for the sake of brevity).

Appellant No.2 is an employee of the said firm.

Respondent No.2, the complainant is also a partnership firm. On or

about 18.10.1997, it placed an order on the firm to manufacture and install a

machine to purify and desalt the dyes of a particular quality and quantity

with the firm. The total manufacturing cost of the said machine worked out

to be at Rs.17,96,488/- including excise duty and other incidental charges.

Second respondent paid a sum of Rs.3,00,000/- to the firm as advance and

part payment of the said considerat