PRASHANT JAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition has been preferred to quash the proceedings of Criminal Case No.10771/2009, arising out of Crime No.172/2009, under section 406, 420 IPC, Police Station - Palia Kalan, District Lakhimpur Kheri pending before the Chief Judicial Magistrate Lakhimpur Kheri and also the cognizance order dated 28.8.2009.

(2.) Learned counsel for the petitioners submit that a first information report was lodged on 15.3.2009 by Niranjan Lal Agarwal stating that he is owner of firm Ram Niwas Radhey Shyam. He is redistribution stockiest Hindustan Uniliver Limited since 1975. Company stopped business with him from September 2007. On 15.02.2008 Rajiv Shukla, Territory Sales Officer came to his shop and told his son Saurabh Kumar that the company will now not have any business with them. He may receive the payment of damaged stock as well as other dues which was given to him. On 25.4.2008 a cheque no.40049 dated 18.12.2007 amounting to Rs.130053.78 was received by registered post which was returned on the pretext that an amount of Rs. 2,97630/- was outstanding. Again on 19.10.2008 Shri Rajiv Shukla came to his shop and asked Saurabh Kumar that he should resign from the stockistship then the remaining amount shall be paid to him. Prashant Jain Area Manager also talked to Saurabh on the mobile phone of Rajiv Shukla and asked to resign so that payment can be made. He obtained the resignation under pressure but neither the damaged articles were changed nor payment was made. Thereafter the FIR was lodged. On the basis of the first information report investigation was started. After investigation charge sheet was submitted against the petitioner.

(3.) On the basis of charge sheet learned Magistrate had taken the cognizance in the matter.