Telangana High Court
CRLP/2582/2010 of M/s. Nima Marketing Enterprise Vs Naramsetti Tavitisetti on 29 December 2011
SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2582 OF 2010 ORDER: The petitioners 1 and 2/A1 and A2 are accused of offences punishable under Sections 418 and 427 I.P.C. A2 is Sales Manager of A1. A1 is doing business of selling and marketing of various products under brand name
HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULUCRIMINAL PETITION No.2582 OF 2010
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ORDER:
The petitioners 1 and 2/A1 and A2 are accused ofoffences punishable under Sections 418 and 427 I.P.C. A2 isSales Manager of A1. A1 is doing business of selling andmarketing of various products under brand name ‘NIMA’ allover India. The allegation in this case is that the accusedremoved the complainant/first respondent as stockist atBobbili and appointed some other person as stockist in hisplace for Bobbili and that because of the said sudden removalof complainant as stockist he suffered total loss of Rs.36,928-85 ps. According to the first respondent, there isdifference in valuation of the stock returned to an extent ofRs.19,611-85 ps. and there was heavy loss to him as retailcustomers evaded to pay the dues to him and damagedstocks worth Rs.69,000/- were not taken return by theaccused. Even if all the said alleged losses are taken intoaccount, the total loss arrived at by the complainant isRs.36,928-85 ps. The relationship between the complainantand A1 is purely a contractual relationship and in case there isany violation of the terms of contract by any of the parties, then the other party is entitled to claim damages therefor fromthe party who violated terms of the said contract. Violation ofterms of the contract between the parties will not clothe anyparty with any remedy under criminal law. On reading of theentire allegations in the complaint, this Court does not find anyelement of cheating in this case alleged against the accusedmuch less any mischief contemplated under Section 427I.P.C. This Court finds that subject matter of this case is purelyof civil nature.
Hence, the Criminal Petition is allowed quashing theproceedings in C.C.No.129 of 2009 on the file of AdditionalJudicial Magistrate of the First Class, Bobbili, VizianagaramDistrict.
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SAMUDRALA GOVINDARAJULU, JDecember 29, 2011MD
HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
MD
CRIMINAL PETITION No.2582 OF 2010
December 29, 2011
IN THE HIGH COURT OF JUDICATURE, ANDHRAPRADESH AT HYDRABAD
Dated: 29.12.2011
PRESENT
THE HON'BLE SRI JUSTICE SAMUDRALA
GOVINDARAJULU
CRIMINAL PETITION No.2582 OF 2010
Between:M/s. NIMA Marketing Enterprise and another..... PETITIONERSANDNaramsetti Tavitisetti and another....RESPONDENTS
The Court made the following: