SUBHASH KEJRIWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned AGA and learned counsel for the opposite party no.2.

(2.) By means of the petition under Sec. 482of Criminal Procedure Code (for short 'Cr.P.C'), the petitioners have prayed for quashing the proceedings arising out of Complaint filed by opposite party no. 2 M/s. Khushi Enterprises vide Complaint Case No. 634 of 2010 under sections 406 and 506 Penal Code pending in the court of Additional Chief Judicial Magistrate, Court No. 25, Lucknow as well as the order dated 12.8.2010, whereby the petitioners have been summoned to face the trial under Sec. 406 and 506 Penal Code .

(3.) The facts, in brief, for deciding this petition are that opposite party no.2 is carrying on the business of ready-made garments in the name and style of M/s. Khushi Enterprises Aliganj, Lucknow. 2 An agreement was entered into in between the opposite party no.2 and the petitioners' company known as Subhash Polytex Ltd, on 1.10.2008. The petitioners' company is manufacturing and marketing their ready-made garments products "FREIBURG" and other products. This agreement was valid for 8 years from the date of opening of show-room with locking period of two years. The aforesaid agreement renewed and amended on 16.10.2009. The Memorandum of Understanding reduced in writing. Under this agreement, the petitioner's company agreed to pay the maintenance expenses of show room called as MG (minimum guarantee) at the rate of INR 35000.00 per month and 10% commission on the sale of product of the company.