NARESH KUMAR AGRAWAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition moved under section 482 of Code of Criminal Procedure 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of criminal complaint case No. 199 of 2004, Sanjeev Jain & another vs. Apoorva Kumat & others, relating to offences punishable under section 409, and 420 I.P.C., pending in the court of Judicial Magistrate, (CBI), Dehradun.

(2.) Heard learned counsel for the petitioner and learned counsel for the State. None was present for the complainant, at the time of final hearing.

(3.) Brief facts of the case are that complainants/respondents no. 2-3 filed criminal complaint against eight accused including present petitioners with the allegations that accused Apoorva Kumat, Naresh Kumar Agrawal, Vikas Agrawal, Yogesh Jain, Amit Kumat, Sandeep Jain, Sudhir Kumar Kumat, are running business in the name of HELLO AGRO FOOD PRODUCTS LTD (for short HAFPL). It is further alleged in the criminal complaint that said accused are directors of the company. It is alleged that in March, 2001, the representatives of the accused came to Dehradun to the complainant and allured him to part with rupees three lac as earnest money to take agency of HAFPL, on which the complainant agreed and made payment through draft no. 439419 dated 08.03.2001, and draft no. 439433 dated 12.03.2001, and entered into an agreement with the company run by the accused. It is further alleged by the complainant that the accused after receiving the amount did not settle the account, and the complainant got cheated. It is further alleged that the accused have misappropriated the amount taken from the complainant. On said complaint, the trial court after recording statement of the complainant under section 200 Cr.P.C., and that of witness Salim Ahmad under section 202 Cr.P.C., summoned the accused including petitioners to face the trial in respect of offences punishable under section 409, and 420 IPC vide order dated 08.10.2002, passed by Chief Judicial Magistrate, Dehradun. Hence this petition.