RAJIV MODI Vs. SANJAY JAIN

JUDGEMENT

(1.) This is an appeal for special leave arises from the judgment and order of the Patna High Court in Criminal Miscellaneous Case No. 17815 of 2002 dated 20.11.2007. We grant special leave and dispose of this appeal as hereunder.

(2.) By the judgment and the order impugned, the High Court in exercise of its power under Section 482 of the Code of Criminal Procedure has quashed the private complaint filed under Section 200 Cr.P.C., on the ground that the Judicial Magistrate, Patna did not have territorial jurisdiction to take cognizance of the offence alleged under Sections 406, 420 and 120B of the Indian Penal Code.

(3.) The admitted facts are, that, on 1.4.1999 M/s. Dhriti Agro Farms Private Limited (DAFPL), a company owned by the appellant, had entered into an agreement with Rajasthan Breweries Limited (RBL), a company owned by respondent Nos. 1 and 2. The agreement provides for appointment of DAFPL as their C &F Agent for the State of Rajasthan. It also provides the payment that requires to be made by the appellant for supply of raw materials to the suppliers of the respondents on behalf of the respondents and the respondents would supply the finished goods to the appellant for sale in Rajasthan.