ESCORTS YAMAHA MOTORS LIMITED Vs. STATE

JUDGEMENT

(1.) The petitioner Company has in this petition instituted on 10.7.1998 sought quashing of FIR No. 285/98 registered on 9.5.1998 at P.S. Rajouri Garden for offences under Sections 420/406/468, Indian Penal Code

(2.) The complainant Shri Sunil Kumar of M/s. S.K. Automobiles, on whose complaint F.I.R. was registered was not impleaded as a party. He was permitted to be added as respondent No.2. A preliminary objection was taken by respondent No.2 that the persons named in the FIR, namely, the officers of the petitioner Company, had not chosen to approach the Court, instead the petition has been filed by e Company in its own name. To meet with such an objection, the petitioner filed an application (Cr. Misc. No. 5068/98) praying for impleading the officers of the Company named in the F.I.R. as co-petitioners. This application is being opposed by respondent No.2 in addition to contesting the main petition.

(3.) On 14.4.1998 a complaint in writing was made by respondent No.2 to the S.H.O., police Station, Rajouri Garden alleging that the top senior most officers of the petitioner Company, with dishonest and mala fide intention after hatching a criminal conspiracy, played fraud, criminal breach of trust and misappropriation thereby causing financial loss, business loss, reputation loss and mental agony. It was alleged that M/s. S.K. Automobile was the authorised dealer of M/s. Escorts Yamaha Motor Ltd. since 1989. Its sister concern M/s. S.K. Motors had been appointed as C & F Agent. Considerable amount had been invested in business by M/s. S.K.Motors and its sister concern. Supply of motor cycles has been on cash payments but on the direction of the petitioner Company, blank cheques used to be entrusted to the petitioner Company so that the same may be utilised only against future supply of Motor Cycles and for no other purpose. Through letter dated 19.1.1998 addressed to Mr. D.R. Pabreja, Deputy General Manager (Commercial) a cheque book containing 50 cheques duly signed from Sr. No. 610551 to 610600 drawn on Oriental Bank of Commerce, Vishal Enclave Branch, New Delhi were handed over. Out of these the petitioner had already encashed 28 cheques bearing Nos. 610551 to 610578 worth Rs. 1.40 crores against current supply of Motor Cycles. Remaining cheques were also to be used for the same purpose, for future supply of motor cycles. On 16.3.1998 a letter was received from shri Rajinder Sharma, an officer of petitioner Company informing that they shall be presenting two cheques bearing Nos. 610579 and 610580 for Rs. 75,00,000.00 each, (total Rs. 1,50,00,000 -), being the amount claimed to be due from M/s. S.K. Automobiles as outstanding towards the petitioner, on the basis of their own calculation. The complaint alleged that the amount was not due. There was also no occasion or justification for making demand, especially when respondent No.2 had been duly and fully complying with the payment plan dated 16.3.1998 pointing out that the cheques should not be presented in bank as the same were not meant for any other purpose other than the future supply of motor cycles after 19.1.1998 and requested for return of the remaining blank signed cheques immediately. Simultaneously the bankers were also informed to stop all payments of the two cheques favouring the petitioner Company.