SANJEEV SINHA Vs. STATE OF U P

JUDGEMENT

(1.) Two officers of Exide Industries Ltd., a registered company, under Indian Company's Act, 1956 having it's registered office at 59 E, Chaurangi Road, Kolkata and Regional Office at 3 E-1 Jhande Wala Extension, New Delhi, namely Sanjeev Sinha (A-1), Head Coordinator and S.B. Raheja (A-2) Non-Executive Director, preferred instant 482 Cr.P.C. Application, with a motive to get their criminal prosecution in Complaint Case No. 64 of 2005, Vipul Agarwal Vs. Exide Industries Ltd., under sections 420, 406, 120-B I.P.C. pending before C.J.M., Ghaziabad, and their summoning order dated 11.4.2007, passed in that case, be quashed.

(2.) Before adverting to various harangued contentions, raised and refuted by rival contesting sides, background facts, stated abridgedly, as are evident from the affidavit filed on behalf of applicants along with this 482 Cr.P.C. Application, counter affidavit filed by complainant respondent no.1, and rejoinder affidavit filed on behalf of applicants in reply to the counter affidavit, indicates that Exide Industries Ltd. is a company duly registered under the Indian Companies Act 1956. A-1, is it's Head Coordinator, manning company's office situated at 3 E-1 Jhande Wala Extension, New Delhi, whereas A-2 is company's Non- Executive Director, residing at Exide House 59-E, Chaurangi Road, Kolkatta. Company is engaged in production, sale and export of storage batteries. Exide Industries Ltd. has it's regional offices, branches, over most of the State in India and one of it's office is situated at D- 42, Patel Nagar-IInd, Ghaziabad, of which one Das Gupta and Shailendra Tandon, two non-applicant accused, are in-charge.

(3.) Respondent complainant Vipul Agarwal is the sole proprietor of Firm M/s Globe Enterprises and is a resident of Chandra Puri, Hapur Road, near Gurudwara under P.S. Kotwali, district Ghaziabad.