VANKOS AND COMPANY Vs. T.C. BHANDARI, CHIEF EXECUTIVE, ASSOCIATED REPRESENTATIVE AND JUDICIAL MAGISTRATE

JUDGEMENT

(1.) HEARD .

(2.) BOTH these petitions, moved under Section 482 of Code of Criminal Procedure, 1973, the Petitioners have sought quashing of the order dated 18.03.2011, passed by Judicial Magistrate, Ist Dehradun, in Criminal Complaint Case No. 943 of 2009, whereby the application moved by the Petitioners under Section 205 and 305 of Code of Criminal Procedure, are dismissed, and non boilable warrants were directed to be issued.

(3.) BRIEF facts of the case, are that, M/s Vankos & Company has its Head Office in Patna, Bihar. They are manufacturers of hydraulic cylinders, jacks and other equipment and supply the same to the various organizations. Complainant (present Respondent No. 2), in the year 1999, on behalf of the M/s Associated Representatives requested for agency of liaison which was allowed on the term of 10 percent commission of the profit. Later in the year 2000, the Petitioners wrote to the Respondent No. 2 (complainant) that they can only afford 5 percent commission in future. Said term was stated to be accepted by the complainant. However, in the year 2002, it appears that some dispute arose relating to outstanding dues, and a legal notice was given by the complainant to the Petitioners claiming Rs. 1,40,958.75/ -. In response to said notice a reply was given by the Petitioners stating that the outstanding dues do not exceed amounting Rs. 92,992/ - out of which a demand draft of Rs. 80,000/ - was sent. However, dissatisfied with the reply, the Respondent (complainant) filed criminal complaint on 30th of May, 2002, before Judicial Magistrate, Ist Dehradun, against the Petitioner's company and his officers namely Mr. Saifuddin (Chief Executive), Mr. S.K. Sinha (the then Manager Services), Mr. S.S. Prasad (the then Senior Sales Officer) and Mr. Vikas Kumar (the then Marketing Manager). It appears that the Magistrate summoned the accused to face the trial after recording statement under Section 200/202 of Code of Criminal Procedure. Earlier Petitioners filed Criminal Misc. Application (C -482) No. 111 of 2004, challenging the proceedings. Said petition was dismissed vide order dated 28.12.2007. It appears that the Petitioners moved an application under Section 205 of Code of Criminal Procedure., for exemption through their counsel during the proceedings of the case, and they further moved an application seeking that the Petitioner's company allowed to be represented by Mr. Saifuddin (Chief Executive). Both the applications were rejected by the trial court. Hence this petition.