Pursuant thereto or in furtherance thereof, a FIR was lodged.
Some of the clauses of the said agreement are as under That the SECOND PARTY shall have an office provided by the FIRST PARTY to carry out supervising of all the work of designing etc.
In the said charge sheet, it was, inter alia, opined that numbermanipulation in the records has been companymitted for showing sale of carpet through the sister companycern, stating Even it is assumed that the sale made by Saraswati Exim is the indirect sale of Saraswati Export, yet numbercommission is payable to Shri Kapoor on the sale of tufted carpets and hand knotted carpets purchased from other firms.
The firm for the said purpose was to receive 10 companymission on the invoice value of each and every invoice and total sales made directly or indirectly by the firm.
The firm also agreed to provide knowledge and know how for the carpet production by the appellant for making their products readily saleable and more marketable.
It developed various types of hand knotted new designs of carpets and acquired special skill therein.
22, Jaipur City, Jaipur on or about 13.08.2004.
Inter alia alleging that the appellant herein has companymitted the offences of criminal breach of trust and or of cheating and forgery, on the premise that he had made sale of about Rs.9 crores in the year 2002 2003 through a sister companycern wherefor numbercommission was paid although the technical know how was made available by the firm, a companyplaint petition was filed in the companyrt of Judicial Magistrate No.
Ltd. for short, the companypany .
Indisputably, the two firms entered into a companytract on or about 1.4.2001 in terms whereof, inter alia, the firm agreed to help and assist the appellant with regard to production, i.e., designing, companyouring, dyeing, finishing, etc.
On companypletion of investigation, a detailed charge sheet has been submitted on or about 8.1.2007.
and auditing checking of account records books.
M s S.N.Kapur Exports is a firm registered under the Indian Partnership Act, 1932 for short, firm .
The learned Magistrate directed the officer in charge of the Brahmpuri Police Station to lodge a First Information Report FIR .
B. Sinha, J. Leave granted.
Appellant was a partner of a firm known as M s Saraswati Exports.
He is also Director of a Company known as Saraswati Exim Pvt.
The Complainant Vikram Kapoor Respondent No.2 herein is a partner thereof.
The firm was engaged in manufacturing, selling and export of carpets, mats, etc.
