CLICKSOFTECH PVT LTD Vs. SHREE MARUTI ASSOCIATES

JUDGEMENT

(1.) Heard the petitioners' counsel and also the counsel appearing for the respondent.

(2.) The petitioners invoking Sec. 482 of Crimial P.C. prayed this Court to quash the proceedings in C.C.No.1847/2013 which is pending on the file of JMFC-I Court, Hubballi for the offence punishable under Sec. 138 of Negotiable Instrument Act (for short, N.I. Act) and grant such other relief as deems fit in the circumstances of the case.

(3.) The factual matrix of the case is that the complainant, who filed the complaint invoking Sec. 200 of Crimial P.C. arraying the petitioner No.1-Company as well as other six persons as accused contended that the complainant is the Partnership Firm and Sri.Santosh, who is the complainant is one of the partner and another Sri.Pavan S/o Manjunath Prabhu is also the partner of the said Firm. The accused No.1 is a private limited company and accused Nos.2 to 6 are the Directors of the said company and are actively participating in the business of the Company. It is further contended that accused No.1-Company and the complainant have entered into a written agreement dated 14.08.2012 in respect of supply and distribution of specific products belonging to accused No.1 as C&FA. As per the agreement the duties of C&FA is to carry and forward the stock provided by the company to the dealers. As per Clause 3 of the above said agreement C&FA has to deposit Rs.3 lakhs with accused No.1. That the accused shall pay interest on security deposit at 12% p.a. and accordingly the complainant has deposited an amount of Rs.3 lakhs with accused No.1 and signed the agreement dated 14.08.2012. On behalf of the accused No.1-Company one of its Director authorized by the Company has signed the agreement.