RAVI KANT Vs. JUDICIAL MAGISTRATE HALDWANI

JUDGEMENT

(1.) B. C. Kandpal By way of this petition U/s 482 Cr. P. C. the applicant has prayed for quashing of the entire proceedings of criminal complaint case No. 444 of 2006, M/s Mega Motors Vs. M/s Tata Motors Ltd. , U/ss 406, 420 and 120-B, I. P. C. , pending in the Court of Judicial Magistrate, Haldwani.

(2.) BRIEF facts giving rise to this pe tition are that the applicant is the Man aging Director of Tata Motors Ltd. , a Company incorporated under the provi sions of Indian Companies Act, 1956, having its office at Bombay. The re spondent No. 2, M/s Mega Motors (CVD), Tikonia, Nainital Road, Haldwani Uttaranchal through its part ner C. R Khanna filed a complaint be fore 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 of fice 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 to tal 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 Man aging Director (petitioner in this) and other accused persons, who are the Of ficers of the Tata Motors Ltd. , the com plainant 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 com plainant 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 Facil ity Account of the complainant and on the other hand the Standard Chartered Bank in connivance with M/s Tata Mo tors Ltd. filed a complaint U/s 138 of the Negotiable Instruments Act against the complainant. Hence the complain ant filed the complaint U/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.) THE respondent No. 2 M/s Mega Motors Ltd. has appeared before this court and has filed the counter affida vit denying the averments made in the petition.