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Shiv Jatia vs. Gian Chand Malick & Ors. (SC)

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Penal Code, 1860–Secs. 420, 406, 467, 468 & 472–Essential Commodities Act, 1955–Sec. 13–Allegation up to effect that the accused-company stopped the supply of LPG cylinders and failed to refund the security amount–Complainant relied upon the POS agreement–It was purportedly signed by respondent no. 2 showing his designation as the proprietor of M/s. Arshya Max Gas–Neither any Director nor any officer of the company signed the same–Nothing to show that the respondent no. 2 was authorized to execute the agreement–Further, deposit of demand draft in the account of company will give rise to a civil liability–Entire dispute is of a civil nature arising out of a commercial transaction–No allegation that the company was involved–Continuing the complaint against the appellants will amount to an abuse of process of law–Quashed.