RAVI KANT Vs. JUDICIAL MAGISTRATE AND ORS.

JUDGEMENT

(1.) By way of this petition Under Sec. 482 Code of Criminal Procedure the Applicant has prayed for quashing of the entire proceedings of criminal complaint case No. 444 of 2006, Mega Motors v/s. Tata Motors Ltd. Under Ss. 406, 420 and 120 -B, I.P.C., pending in the Court of Judicial Magistrate, Haldwani.

(2.) Brief facts giving rise to this petition are that the Applicant is the Managing Director of Tata Motors Ltd., a Company incorporated under the provisions of Indian Companies Act, 1956, having its office at Bombay The Respondent No. 2, M/S Mega Motors (CVD), Tikonia, Nainital Road, Haldwani Uttaranchal through its partner C.P. Khanna filed a complaint before the Judicial Magistrate, Haldwani alleging therein that the complainant, is a partnership firm and is an authorized dealer of M/S Tata Motors Ltd. dealing in sale of Light Commercial Vehicles of M/S Tata Motors Ltd. It is further alleged that one Subroto Kumar visited the office of the complainant in the middle of May, 2005 and asked him to deliver 11 number of vehicles to M/S Tata Motors Ltd. on the assurance that the sum total of the invoice value shall be adjusted by them in the Trade Advance Account maintained at Standard Chartered Bank and a letter in this regard was received by the complainant on 18 -5 -2005 on behalf of Tata Motors Ltd. It is further alleged in the complaint that on the basis of misrepresentation by Subroto Kumar and in connivance with the Managing Director (Petitioner in this) and other accused persons, who are the Officers of the Tata Motors Ltd., the complainant was induced in delivering the 11 vehicles to Tata Motors Ltd. on 18 -5 -2005, but even after the delivery of the aforesaid vehicles the said amount was not adjusted in the account of the complainant with Standard Chartered Bank inspite of repeated reminders sent by the complainant. It is further alleged in the complaint that on the one hand the Managing Director Ravi Kant along with other accused persons of the M/S Tata Motors Ltd. did not adjust the agreed amount in their Inventory Funding Facility Account of the complainant and on the other hand the Standard Chartered Bank in connivance with M/S Tata Motors Ltd. filed a complaint Under Sec. 138 of the Negotiable Instruments Act against the complainant. Hence the complainant filed the complaint Under Ss. 406, 420 and 120 -B, I.P.C. against M/S Tata Motors Ltd. and its Officials as well as against the Standard Chartered Bank and its Officers.

(3.) After filing the complainant, statement of the complainant C.P. Khanna was recorded Under Sec. 200 Code of Criminal Procedure Thereafter the statement of the witness of the complainant was also recorded Under Sec. 202 Code of Criminal Procedure. Learned Magistrate on the basis of the complaint as well as the statement of the complainant and his witness took cognizance in the matter and issued process through the summoning order dated 22 -5 -2006, Under Ss. 406, 420, 120 -B, I.P.C.