D.Y.CHANDRACHUD, M.R.SHAH
KAPIL AGARWAL – Appellant
Versus
SANJAY SHARMA – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 08.09.2017 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Writ Petition No. 18308 of 2017, by which the High Court has dismissed the said writ petition preferred by the appellants herein, filed under Article 226 of the Constitution of India, for quashing the first information report registered as Case Crime No. 790 of 2017, under Sections 420/406 IPC, Police Station Loni Border, District Ghaziabad, the original writ petitioners/accused have preferred the present appeal.
2. The relevant facts necessary for deciding the present appeal are as under:
That one M/s Varun Beverages Ltd. (for short, ‘VBL’) is a licensed franchisee of PepsiCo India Pvt. Ltd. and engaged in the manufacture and sale of carbonated sweetened water, fruit juice, packaged drinking water under the PepsiCo brand. That in the year 2013, the VBL appointed the firm of the complainant - Sanjay Sharma as a Distributor in the area of Loni, District Ghaziabad to sell and distribute the products manufactured by the company. That in the year 2014, the company terminated the contract of distrib
Sardar Singh v. State of Haryana (1977) 1 SCC 463 – Referred [Para 3.9]
G. Sagar Suri v. State of U.P. (2000) 2 SCC 636 – Referred [Para 3.5]
Jetking Infotrain Ltd. v. State of U.P. (2015) 11 SCC 730 – Referred [Para 3.5]
Uma Shankar Gopalika v. State of Bihar (2005) 10 SCC 336 – Referred [Para 3.6]
Mohd. Ibrahim v. State of Bihar (2009) 8 SCC 751 – Referred [Para 3.8]
Vesa Holdings (P) Ltd. v. State of Kerala (2015) 8 SCC 293 – Referred [Para 3.8]
Robert John D’Souza v. Stephen V. Gomes (2015) 9 SCC 96 – Referred [Para 3.8]
S.K. Alagh v. State of U.P. (2008) 5 SCC 662 – Referred [Para 3.9]
Maksud Saiyed v. State of Gujarat (2008) 5 SCC 68 – Referred [Para 3.9]
Sushil Sethi v. State of Arunachal Pradesh (2020) 3 SCC 240 – Referred [Para 3.10]
Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641 – Relied [Para 6.2]
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