Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 19CT. CASES293/2023
LOVE KUSH MASALA VS. SHIVATRADERS
(ALIPUR)
12.04.2024
Present: Sh. Sandeep Sharma, ld. Counsel for the complainant.
Vide this order I shall decide the application u/sec. 156 (3)
Cr.P.C. made by the complainant.
It is submitted that complainant is the spice manufacturer and
respondent no. 1 Sandeep was engaged as distributor in July 2021.
Respondent no. 3 Aakash, respondent no. 2 Rakesh were hired as sales
representative on recommendation of respondent no. 1. They showed sales
of Rs. 80 to 90 thousand per month and kept taking supply of spices and
made payment after 21 days as agreed. They told complainant that to
increase the sale they need flex board for advertising Rs. 20,000/- and
company logo for making a flex boards were provided to respondent no. 2.
However, flex boards were not prepared in time. Respondent no. 1 gave Rs.
20,000/- to respondent no. 2 as salary without any authority. Respondent did
not increase the sale despite repeated reminders. Respondent no. 4 did not
provide any sale deed or its invoices and refused to provide them to the
complainant. Respondent no. 1 failed to pay balance amount of Rs.
40,030/-.Respondent no. 4 filed a complaint before Ast. Labour
Commissioner and failed to provide sale invoice before the Ast. Labour
Commissioner. Complaint was given to PS Alipur, however no action was
taken.
Heard.
ATR is filed by the IO.
It is submitted that dispute between the parties is related to their
distributorship agreement.
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Heard.
Accused are known to the complainant. All facts are within the
reach of the complainant. Any non payment or discrepancy in accounts can
be proved by the documents of the complainant. Present case do not require
custodial interrogation.
In the light of judgement in Skippers Beverages Vs. State,
2001, SCC, online Delhi 448 and Subhkaran Luharuka Vs. State
application u/sec. 156(3) Cr.P.C. is dismissed.
Cognizance taken.
Put up for pre-summoning evidence on 24.06.2024
(Neha Gupta Singh)
CMM (North District)
ROHINI COURT/12.04.2024
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